Tesla’s California Factory Faces Legal Battle Over Toxic Emissions

2024-07-23

Two lawsuits have been filed against Tesla over environmental pollution at its California-based auto factory.

A Problematic Year

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In a difficult year for the world’s biggest electric vehicle manufacturer, two pending lawsuits in California could be set to make things even worse. 

Environmental Democracy Project

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On Monday the Oakland-based nonprofit environmental advocacy group Environmental Democracy Project (EDP) took Elon Musk’s company to federal court on the grounds that it has violated the federal Clean Air Act hundreds of times via its manufacturing plant in Fremont, California.

Second Lawsuit in a Month

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The lawsuit comes shortly after the Bay Area Air Quality Management District, a regulatory body in the state, formally accused the company of violating air quality restrictions earlier this month. 

Accusations of Pollution

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The EDP alleged that Tesla has been releasing numerous harmful chemicals into the air around the plant. They claim that local residents and workers at the plant have been frequently exposed to these emissions.

“Extensive and Ongoing” Exposure

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“Tesla has exposed residents and workers in the area surrounding the Fremont Factory to excess amounts of air pollution, including nitrogen oxides, arsenic, cadmium, and other harmful chemicals,” the suit claimed. “These exposures are extensive and ongoing.”

Seeking Injunction

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They are seeking a federal injunction that will force Tesla to address it’s alleged pollution issues, as well as civil fines for violating the Clean Air Act. 

Going Against the Brand

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It’s a bad look for the EV manufacturer, which has always presented itself as a climate-aware company seeking to make the automotive industry more sustainable and environmentally friendly by reducing the number of gas-reliant vehicles in the world. 

Not the First Time

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However, these two recent lawsuits are far from the first to rake Tesla over the coals for its environmental impact, particularly where the Freemont plant is concerned. 

Past Legal Troubles

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Back in 2019, Tesla reached a settlement with the Environmental Protection Agency (EPA) over hazardous waste violations discovered at the very same plant.

Compliance, Fines, and Training

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The company was forced to show compliance with hazardous waste laws as well as pay a $31,000 fine and carry out hazardous waste training for its paint shop associates, technicians, and supervisors.

Pollution Still Ongoing?

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This recent lawsuit asserts that the same facility is still polluting surrounding areas, and has been doing so since 2021, just two years after the EPA lawsuit. 

Two Paint Shops Responsible

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The EDP was particularly concerned about two paint shops on the site, which it believes have produced all of the pollutants that have violated the Clean Air Act since 2021.

Repeated Failings

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Claims like these will no doubt be emboldened by the earlier Bay Area AQMD suit, which found that the paint shop had repeatedly failed to destroy emissions from the coat-painting process, which is how they ended up in the surrounding atmosphere.

160 Air Permit Violations

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According to Bloomberg, the AQMD had found that Tesla violated its Title V air permit over 160 times between 2012 and 2024. The AQMD is responsible for the governance of these permits. 

Shutting Down Emission Safeguards 

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What’s more, Tesla has also been accused of programming the paint shops to shut down the abatement systems (which are responsible for destroying emissions) in the event of certain production malfunctions.

Leaked Into the Atmosphere

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Once the abatement system is shut down, emissions are leaked out into the environment instead, which the AQMD claims has produced smog in surrounding Freemont. 

Damaging Effect on Health

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Smog, which is a type of intense visible air pollution found at ground level in the atmosphere, can contribute to respiratory issues and other diseases, according to the World Health Organization.

No Responses Yet

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Tesla has not responded to any requests for comments. But if the lawsuits are successful, they will be the next in a long line of headaches for the EV company. 

The Next Problem for Tesla

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While the company has made headlines for flagging quarterly sales, Cybertruck recalls, reduced prices on Tesla models, and Elon Musk’s controversial bid for a $55 billion compensation package, it has also been under fire for environmental practices at its sole European manufacturing plant.

Protests in Germany

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Just last week 800 protestors demonstrated at the Tesla gigafactory in Grünheide, Germany, leading to multiple arrests. Protestors claimed that a new expansion for the German plant would cause environmental degradation to surrounding forests and the local water supply.

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