Environmental Non-Profit Sues Tesla Over Alledged Clean Air Act Violations At Fremont Plant

Environmental non-profit group Environmental Democracy Project sued Tesla on Tuesday, claiming that Tesla’s Fremont auto factory has violated the federal Clean Air Act “Hundreds of times”.

In the past few years, Tesla has paid multiple fines over questionable environmental practices. In 2022, the company paid the Environmental Protection Agency (EPA) $250,000 over Clean Air Act violations. Earlier this year, the company also paid out $1.5 million to 25 counties in the state over  improperly labeling hazardous waste and sending the materials to dumps that couldn’t accept hazardous material. Most recently, the Bay Area Air Quality Management District announced that Tesla received 112 air pollution violations since 2019 stemming from it’s Fremont Plant.

While many of Tesla’s more recent buildings and factories have received environmental awards and have been LEED certified, the Fremont plant has suffered due to it’s age. First built in 1962 as a GM Assembly, the plant switched to a joint GM-Toyota factory until it closed down in 2009 because of the Great Recession. Tesla bought the plant the next year. It remains the only car factory left in California, and until 2022 when the Austin Gigaplant opened in Texas, it’s only factory in the Americas.

Despite Tesla continuing to upgrade the plant, the Fremont factory has continued to be targeted for pollution and environmental violations, some successful and others not. This led to Tuesday, when the latest lawsuit against Tesla and the Fremont plant was filed. According to the suit, filed in in federal court in San Francisco, Tesla has had “ongoing environmental violations.” The suit also noted that “Since January 2021, residents and employees in the surrounding area have been exposed to excess amounts of air pollution, including nitrogen oxides, arsenic, cadmium, and other harmful chemicals.” Most of these allegations have specifically blamed the plant’s paint shop for most of the chemicals coming out.

In addition to an injunction to stop all excess pollution and force Tesla to make further upgrades to the plant, the Environmental Democracy Project also wants civil fines to be charged against Tesla. According to the suit, they want fines up to $121,275 per day violation of the Clean Air Act.

While neither the Environmental Democracy Project or Tesla have yet to give a further statement on the lawsuit, the non-profit did initially say that “It has authority to file a “citizen” lawsuit under the Clean Air Act because Tesla has violated or in violation of conditions imposed by an operating permit for major sources of pollution.”

Environmental and Tech experts told the Globe on Tuesday that the suit has to prove a lot for it to be given any kind of a chance in court, despite it being filed in one of the most environmentally friendly districts in the United States.

“This environmental group really has their work cut out for the,” explained San Francisco-based tech lawyer David Singth to the Globe on Tuesday. “Tesla has found ways to get by with low fines while also improving the Fremont plant. Tesla also has economics on their side. The Fremont plant is a huge economic driver there, and has over 20,000 workers. So, Tesla gets some improvements, makes sure those chemicals aren’t getting out, and business goes as usual. Remember, they’ve been threatened with huge fines and pollution controls before, but put i n the effort, paid a small fine, and walked away with an improved plant.

“Fremont is an older plant. That is part of it. But they are also working on it.”

A statement from Tesla and a furth statement from the non-profit are due to come out soon.