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EXCLUSIVE: Environmental lawyer tasked with suing Tesla speaks: ‘Win Some, Lose Some’
Since Tesla launched the construction of Giga Berlin, the company’s first European vehicle assembly plant in the State of Brandenburg, nearly every element of the project has been met with pushback and backlash from local citizens and other groups. The necessary removal of trees, the displacement of some species on the once forestry-infested property, groundwater, and a coolant tank have all been subjects of complaints brought to the attention of the California-based automaker.
Thousands of miles and a continent away from its home in Northern California, Tesla has sparred with local environmental groups NABU and the Green League for nearly a year, with lawyer Thorsten Deppner representing the Earth-friendly entities. In an exclusive interview with Teslarati, Deppner told us about his intentions for the lawsuit and what is next to come in a long line of issues that the automaker continues to sift through as production of sustainable passenger vehicles nears at the German plant.
Deppner, casually dressed and inviting me into a Zoom-like chatroom to talk about Tesla, was friendly. Knowing my position as a journalist covering the EV space and Tesla, specifically, Deppner was openly willing to talk about the points of the case that were recently put to rest, which has to do with the coolant tank that sits on the property of Giga Berlin. “Tesla had not filed certain documentation with respect to emergency procedures concerning the storage of a particular coolant. That coolant, if ignited, can produce Hydrogen Fluoride,” Deppner told me. “That was our main concern of this particular case.”
Credit: Twitter | @gigfactory_4
The tank was also the subject of a July 2021 investigation by the State Environment Agency, which was originally reported by Tagesspiegel. According to the report, the tank is reportedly holding the chemical tetrafluoropropene, and Tesla does not have permission to have this on the site. The coolant was not, and still is not present in the tank on site. However, Deppner’s cases were already set in motion when the State Agency decided to launch its investigation.
While somewhat risky for the company applying for the permit, this process is also risky for the citizens. Deppner’s most recent issue dealt with coolant tanks on Giga Berlin’s property, following the lawsuit with sand lizards that he won in December, as he proved Tesla broke German Endangered Species Law. A risk for the people in Deppner’s opinion, Tesla did not have the correct documentation to have the coolant tank on site. Safety regulations were not met, which ultimately could have become a risk to the people, especially if the highly toxic contents of the tank were released.
Many of those who have followed Tesla’s process in Berlin as things continue to progress know that preliminary permits were being issued left and right, giving Tesla permission to erect, construct, and perform nearly any task that it needed concrete authorization to perform. Deppner explained that German environmental law allows for those preliminary permits only if an application is more likely to be ultimately approved than not. Then, the company that filed the application will have the opportunity to begin building what was outlined in the documents, provided that the company is guaranteeing to restore the site to its original state if the application should be denied.
This tank was the subject of the most recent NABU and Green League lawsuit, which the groups and Deppner, their representing attorney, dropped. Deppner and the groups lost the injunction on this case, but it is still being monitored.
Deppner told me throughout the conversation on several occasions that the goal was never to have Tesla Giga Berlin shut down; the complaints and lawsuits were more meant to be “guidance.” The goal was to have Tesla adhere to German environmental law throughout the entire process of building Giga Berlin, a misconception that many people do not realize. “We did not want to have this project shut down; we just want Tesla to follow environmental law,” Deppner added.
Tesla Giga Berlin critic finally drops lawsuit over high costs
This is not to say that these groups don’t exist, the ones who would like nothing more than to shut down Tesla’s German operation and halt the spread of sustainable transportation, but Deppner said he was unwilling to represent those groups, as their funding may have been provided by untrustworthy sources. “I wouldn’t represent people or groups like that, not in the slightest,” Deppner said.
The next steps for Deppner are to continue monitoring the Tesla situation until things are ultimately filed, approved, and completed in Brandenburg. As for the attorney, he likely won’t be driving a Tesla anytime soon, but that is not to say that he doesn’t appreciate what the company is doing. He said that the mission of transitioning the world to sustainable energy and transportation is important, and EVs are undoubtedly a step in the right direction. As for the case, Deppner said, “You win some, you lose some.”
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Tesla owners who tap Emergency Drive Away for fun are in for a surprise
Tapping Activate on Tesla’s Emergency Drive Away reportedly triggers a $539 service bill without moving.
Tesla owners who press Activate on Emergency Drive Away may be on the hook for a service bill even if their car never leaves the Supercharger stall.
Yaro, who posts about Tesla service cases on X as @Tutrifour, said a customer called after tapping Activate while still plugged into a Supercharger. The owner was about to pull away, remembered the cable was still connected and stopped. The car never moved, but the touchscreen showed a red alert reading “Emergency Drive Away has been activated” with “Service is required” underneath. A Service Mode screenshot showed the active alert BMS_a228_EmergencyDriveAwayServiceRequired, which Yaro said only Tesla Service can clear.
Here is a lesson to Tesla owners. Don’t press Activate on the new Emergency Drive Away feature on your Tesla because service charges $539 to inspect the charge port and to clear the alert. Yes, even if you didn’t move the car an inch. https://t.co/NZJENw4SQv
— Yaro (@Tutrifour) October 30, 2026
The cost of clearing it was the bigger surprise. “Don’t press Activate on the new Emergency Drive Away feature on your Tesla because service charges $539 to inspect the charge port and to clear the alert. Yes, even if you didn’t move the car an inch,” Yaro wrote. The $539 figure comes from that single case, and Tesla has not published a set price for the inspection or commented on the post. Yaro also noted that the car would still charge with the alert on screen.
Tesla launched Emergency Drive Away on October 1 with software update 2026.38.3, letting drivers pull away from a U.S. Supercharger with the cable still attached, as Teslarati reported. To use it, a driver shifts into Drive while connected, holds the brake and taps Activate. The prompt warns that driving with the cable connected will damage the vehicle and the Supercharger, and that short camera recordings will be shared with Tesla.
Tesla Charging has been clear about what follows a real activation. Repairs to a Supercharger stall can run up to $25,000 depending on the site, a service visit for the car’s charge port is mandatory, and deliberate misuse “will invoke additional penalties.” What the company had not spelled out is that the service requirement is triggered the moment Activate is pressed, not the moment the cable breaks away.
From an engineering standpoint, that is the cautious choice. Once Activate is pressed, the car cannot be sure the charge port latch was not stressed, so flagging it for inspection removes the guesswork. It also means the button carries a price on its own, which is a stronger deterrent against casual use than any warning screen.
Customer called because they have an active alert after tapping ACTIVATE on the new Emergency Drive Away feature. They didn’t actually drive away but were about to until they “remembered” they had the charge cable connected.
This alert can only be cleared by Tesla Service. https://t.co/SkHyJJPFwU
— Yaro (@Tutrifour) October 28, 2026
The report follows the feature’s first known real world use, when a driver in Austin during F1 weekend appeared to trigger it by accident and dragged the Supercharger cable along with the car. The Reddit user who filmed it said the driver seemed to have only half read the prompts.
For owners, the takeaway is to treat the red prompt as a stop sign. If it appears after shifting out of Park by mistake, shift back and unplug the normal way from the touchscreen, the Tesla app or the button on the charge handle. Activate is meant for moments when staying at the stall is the bigger risk, and Tesla is now pricing it that way.
Elon Musk
Elon Musk calls Earth’s data centers “peanuts” next to what SpaceX is planning in orbit
Elon Musk says SpaceX capex efficiency is underestimated as orbital data centers loom by 2028.
Elon Musk is pushing back on one of the biggest worries hanging over SpaceX stock. In a reply on X on Sunday, Musk said the company’s capital expenditure efficiency is severely underestimated. He was responding to a Milk Road Stocks post citing analyst Kyle Reidhead, who estimates SpaceX will need to spend roughly $470 billion over the next five quarters.
Reidhead built that figure around the target SpaceX set on its third quarter earnings call: 13 gigawatts or more of compute by the end of 2027. In his breakdown, Nvidia captures 83 to 89 percent of the spending. SpaceX ended the quarter with 1.7 GW of nameplate compute and guided to $35 billion to $40 billion in fourth quarter capex, as Teslarati reported.
Musk did not attach a number to his claim, but the earnings call shows the argument. CFO Bret Johnsen said new compute currently pays for itself in under a year at today’s pricing, and Musk said that window could shrink to six months next year. Using that pace, Reidhead argues about $230 billion of the $470 billion could come from operating cash flow and about $60 billion from SpaceX’s roughly $90 billion cash pile, leaving around $180 billion to borrow. Musk confirmed last week that SpaceX had already closed a new $40 billion debt raise to buy GPUs.
The ground buildout is not the end goal. It is what is meant to pay for the move to orbit. Replying on Friday to charts built from Sequoia partner Shaun Maguire’s SpaceX model, Musk wrote that “Terrestrial compute will be peanuts compared to orbital compute,” adding that orbital compute deployed per month “probably exceeds terrestrial around the end of 2028 and then far exceeds it in 2029.”
Maguire’s model shows how steep that path is. It has capex climbing from $88 billion this year to $290 billion in 2027 and $369 billion in 2028, with SpaceX burning $77.8 billion in cash this year and $122.6 billion next year before turning $114.9 billion cash positive in 2028. Musk’s response to the model was, “I think we can do better.”
The orbital half runs through Starmind. SpaceX plans to operate up to 1 million AI satellites flying in clusters of about 10, linked by roughly 10 terabits of bandwidth, with deployment of thousands of units starting as soon as late 2027 out of its Gigasat factory in Bastrop, Texas, according to SpaceX’s space safety page. Musk has said each Starmind spacecraft will carry more than 250 kW of solar power.
Getting there depends on launch volume. Maguire’s model assumes 250 Starship flights in 2028, up from two this year and 38 next year. The nearer test is financial: SpaceX guided to $33 billion to $37 billion in first quarter 2027 revenue, more than double the $14.58 billion it booked in Q3, and Musk reposted that guidance again on Sunday morning.
Elon Musk
SpaceX President to gift Trump Accounts her SpaceX stock
Gwynne Shotwell’s 2 million SpaceX shares are headed to children’s Trump Accounts starting this December.
SpaceX President Gwynne Shotwell said Friday that more than 2 million SpaceX shares belonging to her and her husband, Robert, will be distributed to children’s Trump Accounts in December, turning a pledge she made over the summer into an actual transfer. “Robert and I are thrilled that our gift of over 2 million shares of SpaceX stock will be distributed to children’s Trump accounts in December!” Shotwell wrote on X, adding that the shares are “transferring to escrow as we speak.”
The first round goes to children aged 11 to 17 who live in ZIP codes where the median family income is $57,000 or less, along with kids in ZIP codes with too few residents for the Census to report that figure. Shotwell said those families should receive a notice by Monday, Reuters reported.
A second gift is expected to be finalized in the next few weeks. That round will cover eligible children in military families serving overseas, children in foster care, and more kids in Texas counties near the Shotwells’ home where median family income is $90,000 or less. Elon Musk replied to the announcement with “Cool” and a heart emoji.
Shotwell first announced the donation on July 6, less than a month after SpaceX priced its record IPO at $135 per share on the Nasdaq. IPO filings showed Shotwell owned about 12.6 million SpaceX shares, Quartz reported at the time, which makes the gift roughly one sixth of her stake. At the roughly $146 per share used to value Musk’s own pledge earlier this month, 2 million shares are worth about $290 million.
How the stock would actually reach the accounts had been an open question since July. Treasury guidance acknowledged that stock donations could flow into Trump Accounts, but it did not explain the mechanics for a program whose contributions default into an S&P 500 index fund. Shotwell thanked the Treasury, the IRS, the Dell Foundation, Greater Horizons, Invest America and the law firms Morgan Lewis and Gibson Dunn for “working over the past few months to make this happen.”
The transfer also works as a dry run for a far larger gift. On October 19, Musk said he would give one of his SpaceX shares to every kid in America next year and called it “the first of many.” With roughly 72 million children in the country, that pledge is worth about $10.5 billion. President Donald Trump thanked Musk the same day and said the shares would go through Trump Accounts, though neither SpaceX nor the Treasury has published how or when that distribution will happen.
Shotwell’s recipients also fill a gap in the program itself. Trump Accounts launched on July 4, and the $1,000 Treasury deposit only goes to babies born between 2025 and 2028. Teenagers aged 11 to 17 receive no government seed money, so for many of the families getting a notice on Monday, SpaceX stock will be the first asset in the account. The accounts convert into retirement accounts when the child turns 18.
Tesla owners who tap Emergency Drive Away for fun are in for a surprise
Elon Musk calls Earth’s data centers “peanuts” next to what SpaceX is planning in orbit
