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U.S. appeals court backs EPA move to let California make its own EV rules

Credit: Tesla

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A U.S. appeals court has sided with the Environmental Protection Agency (EPA), after the agency moved to offer California a waiver that would let it create its own electric vehicle (EV) adoption and tailpipe emissions rules.

After a group of 17 Republican-run states filed a legal challenge against the EPA decision, a three-judge panel overseeing the U.S. Court of Appeals for the District of Columbia has rejected the legal challenge, according to a report from Automotive News.

In 2022, the EPA renewed the state’s capacity to make its own rules surrounding the sale of zero-emission vehicles and limitations on tailpipe emissions. The move, which occurred under President Joe Biden, changed the course of a 2019 decision made by the Trump administration. In the EPA also reinstated a 2013 waiver of an early California zero-emission vehicle standard under the Clean Air Act, after the first waiver was issued in 1993.

U.S. congressman urges Pres. Biden to end EV transition goals

According to Republicans who backed the legal challenge, the rules offer California unconstitutional regulatory power, which they claim is not available to other states.

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Later in 2022, California also became the first U.S. state to officially ban the sale of new gas vehicles starting in 2035. Since then, a number of other states have followed, including Washington, Oregon, New Jersey and New York, among others still.

The California Air Resources Board (CARB), which was responsible for the gas car sales ban, also set annually increasing mandates phasing out the sale of combustion engines, set to begin in 2026. CARB also requested in 2022 that the EPA approve another waiver for the Clean Air Act for the upcoming phase-out.

In 2023, California comprised about a third of all battery-electric vehicle (BEV) sales in the U.S., with Tesla being the dominant BEV seller.

The EPA also finalized new emissions limits last month featuring softened rules through 2032. Under the old rules, automakers would have been required to make more than 60 percent of their sales EVs or plugins by 2030, and 68 by 2032. Instead, the new rules require that automakers make 50 percent of their sales plugins or EVs by 2030.

What are your thoughts? Let me know at zach@teslarati.com, find me on X at @zacharyvisconti, or send us tips at tips@teslarati.com.

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Zach is a renewable energy reporter who has been covering electric vehicles since 2020. He grew up in Fremont, California, and he currently lives in Colorado. His work has appeared in the Chicago Tribune, KRON4 San Francisco, FOX31 Denver, InsideEVs, CleanTechnica, and many other publications. When he isn't covering Tesla or other EV companies, you can find him writing and performing music, drinking a good cup of coffee, or hanging out with his cats, Banks and Freddie. Reach out at zach@teslarati.com, find him on X at @zacharyvisconti, or send us tips at tips@teslarati.com.

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SpaceX opens up free Starlink service for those impacted by Hurricane Melissa

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(Credit: Starlink | X)

SpaceX is opening up its internet service, Starlink, to those impacted by Hurricane Melissa, as it made landfall in Jamaica and the Bahamas as a Category 5 storm.

Hurricane Melissa is expected to reach wind speeds of over 165 MPH over the next few days as it extends out into the Atlantic Ocean by Thursday and Friday.

Citizens in Jamaica and the Bahamas have been preparing for the storm for the past week, getting necessary goods together and preparing for the massive storm to arrive. It finally did yesterday, and the first images and video of the storm are showing that it could destroy many parts of both countries.

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Starlink is now being opened up for free until the end of November for those impacted by the storm in Jamaica and the Bahamas, SpaceX announced today:

It is a move similar to the one the company made last year as Hurricane Helene made its way through the United States, destroying homes and property across the East Coast. SpaceX offered free service for those impacted by the destruction caused by the storm.

The free Starlink service was available until the end of 2024.

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Elon Musk’s companies have also made similar moves to help out those who are impacted by natural disasters. Tesla has offered Free Supercharging in the past, most notably during the California wildfires.

Tesla and SpaceX’s LA fire relief efforts: Cybertrucks, free Starlink and more

One major advantage of Starlink is that it is available for use in situations like this one, where power might be required to operate things like a modem and router.

Internet access is a crucial part of survival in these situations, especially as it can be the last leg some stand on to get in touch with emergency services or loved ones.

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Elon Musk

Tesla board chair reiterates widely unmentioned point of Musk comp plan

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Credit: Tesla

Tesla Board Chair Robyn Denholm appeared on Bloomberg TV this morning to discuss the current status of CEO Elon Musk’s compensation plan, and used the opportunity to reiterate a widely unmentioned key point of the entire package.

Critics of the proposed pay package, which would pay Musk $1 trillion if he completes every tranche, routinely cite the sheer size of the payday.

Of course, many skeptics leave out the fact that he would only get that money if he were able to generate eight times the value the company currently has.

Tesla gains massive vote of confidence on compensation plan for Elon Musk

For Musk, it might have a little bit to do with money, but that is likely a very small percentage point of why the compensation package is being offered to him. He has reiterated that it is more about voting control and overall influence, especially as Tesla dives into robotics.

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He said during the Q3 Earnings Call:

“My fundamental concern with regard to how much voting control I have at Tesla is if I go ahead and build this enormous robot army, can I just be ousted at some point in the future? That’s my biggest concern. That is really the only thing I’m trying to address with this. It’s called compensation, but it’s not like I’m going to go spend the money. It’s just, if we build this robot army, do I have at least a strong influence over that robot army, not current control, but a strong influence? That’s what it comes down to in a nutshell. I don’t feel comfortable wielding that robot army if I don’t have at least a strong influence.”

Tesla shares the idea that Musk is a crucial part of the company, and without him being awarded the voting control he feels he deserves, he could leave the company altogether.

The company is very obviously feeling the importance of the upcoming vote, as it has advertised and pushed heavily for the comp plan to be approved, mostly to retain Musk.

Tesla Board Chair Robyn Denholm said today to Bloomberg TV that it is crucial shareholders understand it is not about Musk’s potential wealth, but more about his influence on company decisions:

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“So firstly, it is a performance package, so he gets nothing if he doesn’t perform against the pretty audacious milestones that are part of the performance criteria that’s been outlined by the board in the performance package. So, I think rather than compensation, it’s actually about the performance and the goals that we have for the company as we move forward. And so, for me, it really is about making sure that investors understand that they actually get paid if he hits the milestones before he will…Elon’s been very public, including on last week’s earnings call, about the fact that it’s around the voting influence that he could have in future shareholder meetings as opposed to the economic interests.”

Musk is not an incredibly flashy person. He does not have crazy cars or a massive house to go back to. He spends a lot of his time working and sometimes even sleeps at his office inside the factory.

He recently said he “only has what is needed” because “material possessions were making him weak.”

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The truth about Tesla ‘Mad Max’ mode from an actual user

Some people might see “Mad Max” as an extension of their daily driving.

For me, I did not see it that way. I saw it as a useful tool for certain situations, but it was certainly not something I could compare to my personal driving style.

But that does not mean that it’s wrong.

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Credit: Teslarati

There have been many headlines about Tesla’s new “Mad Max” mode, but many of those writing about the “dangerous” and “controversial” mode have probably never used it.

As a writer, I write about topics I do not have firsthand experience with, but the job requires me to take a fair stance and report what is known. The problem is the nature of driving and driving modes, specifically, is subjective.

Some people might see “Mad Max” as an extension of their daily driving.

For me, I did not see it that way. I saw it as a useful tool for certain situations, but it was certainly not something I could compare to my personal driving style.

But that does not mean that it’s wrong.

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NHTSA Probes Tesla Over “Mad Max”

Last week, the NHTSA launched a bit of a probe into Mad Max mode, requesting additional information on the Speed Profile and reiterating that the driver of the car is still required to be in ultimate control.

Tesla ‘Mad Max’ gets its first bit of regulatory attention

It’s important to keep the latter portion of that sentence in mind for the true thesis of this piece.

Now, it is no surprise to me that Mad Max garnered attention from regulatory agencies, as it is definitely a more spirited driving profile than the others.

Is Mad Max That Big of a Deal?

Regulatory agencies are responsible for keeping people safe, and it is important to note that their control is somewhat necessary. However, this type of drive mode is optional, requires the driver’s attention, and should be used responsibly for safe travel.

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Playing Devil’s Advocate, how is Mad Max any different than the performance modes that some sports cars have? Because they require the driver to operate fully, and they are not semi-autonomous like Tesla can offer with Mad Max in Full Self-Driving (Supervised), are they safer?

The argument here really comes down to whether FSD is being used responsibly and correctly; any accelerated drive mode becomes more of a risk if the vehicle operator is not paying attention. This applies to any car company or drive mode they choose to use on their cars.

My Personal Experience with Mad Max

I have used Mad Max probably ten times since it rolled out to Early Access Program (EAP) members a few weeks ago.

I’ll admit: it did a lot of things I would never do driving a car manually. It passed people on the right. It was the fastest vehicle on the interstate, at least until I crossed into Maryland. Then, it seemed to be just another car on the road.

It drove quickly, and not so fast that I felt concerned for my safety, which I never feared for, but fast enough that, at certain points, I was concerned that a cop would pull me over. I never encountered that scenario, but I wouldn’t be surprised if it resulted in some tickets.

With that being said, I don’t particularly think I’d use Mad Max in more than a handful of applications: driving the Baltimore Beltway would be one instance, navigating traffic in Baltimore, Philadelphia, or Pittsburgh during heavy traffic, or cruising on I-95, where cars routinely are going 100 MPH, much faster than Mad Max would ever travel.

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Is it too quick for me in residential settings? For me, yes. Is it faster than every human driving on those roads? Absolutely not. In my experience, it is quicker than some, slower than others, just like any other Speed Mode Tesla offers, even Sloth, which refuses to go over the posted speed limit.

I think it’s wrong to sit here and act as if Mad Max is some incredibly dangerous and life-threatening hazard. If a driver is uncomfortable with the maneuvers or speed, they do not have to use it. However, it is no different from how many other cars travel on the road; it is far from an anomaly.

Tesla FSD’s new Mad Max mode is getting rave reviews from users

With that being said, it will be interesting to see if the NHTSA does anything about Mad Max, whether it will require Tesla to “nerf” the Speed Profile, or remove it altogether. It’s also important to note that this is my personal experience with Mad Max, and what I’ve experienced might differ from others’.

I would love to hear your thoughts on how Mad Max has driven for you, or your impressions of it.

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