Berlin There is a risk of new delays in the construction of the first European Tesla factory in Grünheide near Berlin. The reason: The online discussion of more than 800 objections to the project of the US electric car manufacturer has to be repeated. That was decided by the State Office for the Environment (LfU), announced the Brandenburg Ministry of the Environment on Thursday. The authority wants to anticipate any lawsuits.
Several environmental associations had previously called for the digital discussion to be repeated. They justified this, among other things, with a “serious” procedural error of the State Environment Agency, which is responsible for the issue of the approval of the factory: The authority had not met the deadline for the publication of the Internet consultation, said Thorsten Deppner, the lawyer for the Nature Conservation Union (Nabu ) and the Brandenburg Green League.
Online discussion of over 800 objections to the factory started on September 24th and ended on October 14th. Since the authority has now scheduled a new test, it is also unclear when a decision will be made on the final approval of the car factory.
Tesla reacted calmly to the authority’s decision. The goal remains to build the first production vehicles in Berlin before the end of the year, said the group at the request of the Handelsblatt. It is planned to ramp up production as soon as possible. However, due to the novelty of the design, the technology, the location and the teams, the “ramp-up curve” cannot yet be predicted “at the moment”.
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Tesla boss Elon Musk had recently shown himself confident at an open house in Grünheide on October 9th. He said he wanted to start producing electric cars in the new factory by December at the latest. Tesla will then also manufacture batteries. Critics fear that drinking water will become scarce and there could be negative consequences for plants and animals. Tesla has rejected the criticism.
The so-called Planning Assurance Act actually allows online hearings. In this way, the federal legislature wants to ensure that, even under the pandemic-related restrictions, approval procedures with public participation can be continued in a legally secure manner without having to suspend industrial or infrastructure projects.
Associations warn of “special treatment for Tesla”
With regard to the Tesla procedure, however, the environmental associations had cited a “precedent” from North Rhine-Westphalia, in which a different legal opinion was represented in a water law permit procedure in the Arnsberg district. Because it is unclear how the administrative courts in Brandenburg will decide in the event of a lawsuit, the process will be repeated, said the State Environment Ministry.
The new discussion is scheduled to start on November 2nd and end on November 22nd, with announcement scheduled for October 25th.
According to the lawyer for the environmental associations, the law should have published the online consultation in the official gazette at least one week before it began. But that only happened two days before, on September 22nd, said Deppner. This meant that the deadline was not met.
“If it should not be the case in Brandenburg that there is a special treatment for Tesla in an illegal manner, then the LfU and the state government must stand by their words,” said the lawyer from Nabu and Green League.
Concern about contamination of the groundwater
Most recently, the Strausberg-Erkner (WSE) water association responsible for the Tesla factory warned of risks to groundwater. “Our concern is that in the event of incidents, especially in the planned battery factory, contamination of the groundwater cannot be ruled out,” said association chief André Bähler to the Handelsblatt. “The consequences for the protected drinking water would be inconceivable.” Bähler demands that the dangers for the groundwater from the planned battery factory be assessed in an expert report.
Bähler had also questioned how the future water needs of the factory will be met. He also referred to the settlement of other companies such as suppliers and new apartments for employees. Nobody knows where the water should come from for the additional needs.
The Brandenburg Ministry of the Environment sees no need for action so far, as there are no plans or applications for further expansion stages.
More: “Contamination of the groundwater cannot be ruled out” – water utility fears planned Tesla battery factory