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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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Elon Musk
SpaceX just cleared a key FCC hurdle in its fight with Verizon and AT&T
The FCC accepted SpaceX’s bid for Grain’s 800 MHz spectrum, opening review for Starlink Mobile.
The Federal Communications Commission has formally opened its review of SpaceX’s plan to buy a nationwide block of 800 MHz spectrum from Grain Management, moving Starlink Mobile one step closer to operating as a full U.S. wireless carrier.
In a public notice issued Tuesday, the FCC’s Wireless Telecommunications Bureau said it accepted for filing the applications to transfer control of two Grain license companies, Prism License Co. 1 and Prism License Co. 2, to Starlink Spectrum Holdings, a wholly owned SpaceX subsidiary. The deal covers 546 paired licenses across 3,224 counties, reaching roughly 100% of the U.S. population in all 50 states, Washington, D.C., Puerto Rico and the U.S. Virgin Islands. The proceeding sits under WT Docket No. 26-313.
Acceptance is not approval. It means the applications cleared an initial review and the public comment window is now open. Comments and petitions to deny are due December 1, and oppositions are due December 8. The bureau also said the conditions attached to Grain’s July purchase of the licenses from T-Mobile, which require rapid buildout for terrestrial and direct to device service, would carry over to SpaceX if the transfer is approved.
SpaceX announced the agreement on October 8, saying the new airwaves would let Starlink Mobile’s signal reach phones inside buildings, something its 2 GHz spectrum from EchoStar cannot do as well. The portfolio includes up to 14 MHz of paired spectrum in the 817 to 824 MHz and 862 to 869 MHz bands, which most existing phones already support. Elon Musk called it “the last critical piece of the spectrum puzzle needed for SpaceX to provide complete phone coverage in America.”
According to the filing, SpaceX would hold up to 89 MHz of total spectrum in any given market after the deal closes, including up to 14 MHz below 1 GHz. That is far under the 385 MHz threshold the FCC uses to flag a transaction for closer competitive scrutiny, and well short of the roughly 300 MHz each of AT&T, Verizon and T-Mobile holds.
Tuesday’s notice does not decide how SpaceX can use the spectrum from orbit. A separate application SpaceX filed on October 27 seeking authority to provide supplemental coverage from space on the same frequencies, along with related waiver requests, is still pending before the commission.
The ground network is already taking shape. Last week, SpaceX picked Qualcomm to supply radios, baseband units and software for a nationwide 5G build, with deployment across tens of thousands of U.S. cell sites starting in 2027. The FCC also voted on October 29 to advance a proposal opening another 482 MHz to direct to device service, though AT&T, Verizon and T-Mobile hacritive pushed to strip nearly 300 MHz from it. SpaceX President Gwynne Shotwell has said service on SpaceX’s own airwaves is targeted for early 2028.
A Tesla upfitter has offered to take over Cybertruck lines from the company in a last-ditch effort to save the all-electric pickup from being completely canceled in the middle of 2027.
Unplugged Performance, the Hawthorne, California-based Tesla aftermarket specialist, has publicly offered to take over Cybertruck production from Tesla, funding the effort “through a consortium of investors.”
An open offer to Tesla: We fully support putting Cybercab first, and we’d be glad to take the Cybertruck line off your hands.
We’d fund it with a consortium of investors and run it at no cost to Tesla’s floor space, headcount, or focus. All of that goes to Cybercab. Cybercab gets first call on battery cells too. We’ll wait our turn.
Tesla gains incremental profit: a license fee, plus FSD and Robotaxi network revenues on every vehicle built.
We’d build the Cybertruck, a three-row CyberSUV, and an unmanned CyberCargo hauler. More autonomous miles, across every surface of this planet and beyond.
Worth a conversation?— UP (@UnpluggedTesla) November 10, 2026
The proposal comes as Tesla prioritizes its Cybercab Robotaxi program and prepares to wind down Cybertruck assembly at Gigafactory Texas around mid-2027.
Founded in 2013 by Ben Schaffer and located adjacent to Tesla’s Design Studio and SpaceX, Unplugged Performance has become a leading provider of premium upgrades for Tesla vehicles, including extensive Cybertruck packages under its UP INVINCIBLE line.
Through its UP.FIT division, the company has also developed purpose-built police and fleet versions of the Cybertruck, including deliveries to agencies such as the Las Vegas Metropolitan Police Department.
In an X post on Tuesday, Unplugged said:
“An open offer to Tesla: We fully support putting Cybercab first, and we’d be glad to take the Cybertruck line off your hands. We’d fund it with a consortium of investors and run it at no cost to Tesla’s floor space, headcount, or focus. All of that goes to Cybercab. Cybercab gets first call on battery cells too. We’ll wait our turn. Tesla gains incremental profit: a license fee, plus FSD and Robotaxi network revenues on every vehicle built. We’d build the Cybertruck, a three-row CyberSUV, and an unmanned CyberCargo hauler. More autonomous miles, across every surface of this planet and beyond. Worth a conversation?”
The arrangement would free Tesla resources and manufacturing capacity for Cybercab while allowing continued production of the stainless-steel pickup and expanded variants. Unplugged Performance indicated it would wait for battery cells after Cybercab needs are met and would generate ongoing revenue for Tesla through licensing and software/network services on the vehicles it produces.
Following strong initial interest, Unplugged Performance posted a follow-up inviting potential investors and strategic partners to email cyber@unpluggedperformance.com. The company clarified that the outreach is solely to gauge interest and does not constitute an offer to sell securities or acceptance of funds at this stage.
The proposal arrives shortly after Elon Musk indicated that Cybertruck production in Texas would be phased out by roughly the middle of 2027 to expand Cybercab output.
Whether Tesla engages with the offer remains to be seen, but the public overture highlights both the aftermarket specialist’s deep experience with the Cybertruck platform and the growing focus on autonomy within Tesla’s manufacturing plans.
Elon Musk said the Tesla Cybercab will perform “a majority of all passenger miles” where it is allowed to operate and that point is “obvious to anyone with eyes and a brain.”
Musk used the point to double down on the company’s decision to ax the cult-favorite Cybertruck, as its production space will be removed and transitioned into additional Cybercab lines. The move has catalyzed a polarizing conversation on whether its right or wrong.
Whatever side you are on — it’s happening.
Dodge ended the Viper.
Audi retired the R8.
Mitsubishi said goodbye to the Lancer Evo.
Ford bid farewell to the Bronco (at one point).
Chevrolet sunset the Camaro.Tesla is ending the Cybertruck. I’m pissed. I’m upset.
Fans of those five automakers mentioned did the same thing. It happens. It sucks. I don’t like it.
But I still love Tesla. I love my Model Y. I hoped to be in a Cybertruck in a little under two years.
I won’t be. But I still won’t put my family in anything else. Too safe. Too advanced. Too much better than everything else.
— TESLARATI (@Teslarati) November 10, 2026
Regardless, Musk seems to be getting to the point that he is done talking about the choice. At some point, you have to think that this was truly a difficult decision for him and the company as well, and this is not something he took lightly. In fact, he’s probably a little bit disappointed with it, too.
But the point remains that the Cybertruck is gone. Musk’s focus is purely on developing an autonomous platform that the world will utilize for transportation, and he’s telling you that anyone “with eyes and a brain” can see it:
@PalmerLuckey @carlhancock Cybercab will do a majority of all passenger miles in any jurisdiction where it is not prohibited by law.
Obvious to anyone with eyes and a brain.
— Elon Musk (@elonmusk) November 10, 2026
Tesla is betting that all of its passengers in the future will be okay with not owning their own personal cars and will be fine with ride-hailing for the rest of their lives. Every dinner, every errand, every trip to the airport and transportation thereafter, will all be operated by ride-sharing, and in Tesla’s perfect world, it will happen in a Cybercab.
As of now, Cybercab is only active in Austin, but it has been spotted all over the country with a driver behind the wheel in those prototypes. In Austin, the car has no steering wheel or pedals for people to control the vehicle.
The Cybertruck dilemma is one that has truly come across the entire Tesla community and while it seems to be a great idea to keep it because people love it, the business side of things is steering Musk and Tesla in another direction.
SpaceX just cleared a key FCC hurdle in its fight with Verizon and AT&T
Tesla upfitter offers to keep Cybertruck alive
