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At the construction site of the Gigafactory in Grünheide, work must be interrupted again: according to information from Tagesspiegel, Tesla cannot continue installing the machines in the paint shop and cutting down the forest until the company provides the security deposit of 100 million euros required by the Brandenburg State Environment Agency for decommissioning costs has deposited. Both are based on a new decision of the State Environment Agency dated December 17, 2020 available on the Tagesspiegel.
The company, which did not raise the 100 million pledge in the previous period, now has until January 4, 2021. As long as there is no money, the two partial permits are suspended. This change comes in the middle of the ongoing process before the Higher Administrative Court of Berlin-Brandenburg (OVG) for the clearance of 82.2 hectares planned by Tesla, against which the Association for the Protection of Nature and the Green League are suing.
Late on Friday night, the OVG partially confirmed the claim. Cleaning is not allowed along the train tracks. Regarding the main area of the projected factory, the court has no concerns.
On December 17, Tesla had to provide this € 100 million security deposit, either as a direct deposit to a state account or as an absolute guarantee.
In view of the progress of construction at the Gigafactory, the State Environmental Agency requested this in the last two partial permits, thereby allowing Tesla to install the machines in the paint and stripper shop, like all works up to at your own financial risk. Because the actual main approval process for the factory is still running in parallel. The purpose of the 100 million promise is to make legally safe decisions.
But the money did not come. Instead, Tesla suddenly requested an extension of the term of 100 million euros through its lawyers – on December 16, 2020, the day before the expiration – until January 15, with the following reason: The requested postponement is due to the circumstance, it is called In the new notification, “the provision of the amount to be paid requires internal coordination and processes that could not be completed within the days from the notification of the approval of the early start.” The two approvals were granted approximately three weeks ago. , on November 30 and December 2 in parallel to Elon Musk’s last visit to Germany.
Tesla had requested an extension of the term for the deposit of 100 million
The State Environment Agency insists that Tesla can only proceed with the allowed measures, that is, the installation of the machines in the paint shop and cleaning, after the security has been provided. “It should also be noted that the applicant had already been given a considerable period of time to provide the guarantee, within which she was allowed to use the approval notice,” the notice says.
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Therefore, Tesla has also argued that achieving the 100 million would be hampered by the corona pandemic. But according to the State Environment Agency “this cannot change the legitimate security interests of the state of Brandenburg.” The state could not make “virtually unlimited advance payments.”
If Tesla continues to work in the paint shop and cut down the forest without paying the money, “the license will completely expire,” according to the decision of the Brandenburg State Environmental Agency. This means that if Tesla does not adhere to the rules, the previous permits would not be valid.
Tesla is under great time pressure, as the gigafactory’s first cars for Europe should roll off the assembly line from July 2021. This week the municipality of Grünheide decided on the new development plan, with which it will be it must adapt the infrastructure of the area for the Gigafactory. Elon Musk replied two days ago via Twitter: “Thank you Brandenburg and Grünheide.”
