An aerial view of the Tesla Fremont Factory on April 24, 2024 in Fremont, California.
Justin Sullivan | Getty Images
Tesla is being sued by the nonprofit Environmental Democracy Project over “ongoing failure to comply with the Clean Air Act” at the electric vehicle company’s assembly plant in Fremont, California.
In the suit, filed in a federal court in San Francisco on Monday, the environmental group claimed Tesla has violated the particular law “hundreds of times since January 2021, emitting harmful pollution into the neighborhoods surrounding the Factory.”
While Tesla has long touted the climate benefits of driving EVs, its manufacturing practices have been decried by environmentalists for years. Tesla landed at 89 on the 2023 Toxic 100 Air Polluters list, an annual study by the Political Economy Research Institute at the University of Massachusetts at Amherst. The Environmental Protection Agency fined Tesla $275,000 in 2022, claiming the company had failed to measure, track and maintain records about its own emissions or to minimize air pollutants from painting operations at the facility.
Separately, Tesla was sued by 25 counties in California for its handling of hazardous waste materials at facilities throughout the state earlier this year, and promptly settled with those counties. And in Germany, environmentalists have been protesting Tesla’s clearing of forests to build a factory outside of Berlin, as well as the company’s water consumption.
The latest lawsuit in California described Tesla’s environmental violations as “ongoing” and said that 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.”
Tesla didn’t immediately respond to a request for comment.
The Bay Area Air Quality Management District, an environmental regulator, recently accused Tesla of allowing “unabated emissions” in Fremont that should have been prevented. The agency said Tesla has received 112 violation notices since 2019, and is now seeking an abatement order that would force the company to implement changes to its factory operations.
“The violations are frequent, recurring, and can negatively affect public health and the environment,” the regulator said in a statement earlier this month.
Air pollution from the assembly plant is the result of equipment that frequently breaks down, allowing emissions to vent directly into the air without proper filtration, regulators have said. Additionally, Tesla employees or contractors have allegedly shut off air pollution controls in the factory, particularly when the company was having trouble with other paint shop equipment.
The paint shop is where unpainted vehicle bodies are primed, painted and coated before final assembly. Tesla’s has a history of repeated fires, CNBC previously reported.
In Tesla’s recent quarterly report, the company maintained that its mission is to “accelerate the world’s transition to sustainable energy.”
However, in spearheading a massive reorganization at Tesla of late, CEO Elon Musk has been promoting its research and development efforts on artificial intelligence and self-driving software, robotaxis and humanoid robots, rather than electric cars and solar energy products.
Musk told investors on the company’s first-quarter earnings call to think of Tesla and its value “almost entirely in terms of solving autonomy.” He recently called climate activists “communists,” sharing derisive memes targeting them on X.
Every weekday, the CNBC Investing Club with Jim Cramer releases the Homestretch — an actionable afternoon update, just in time for the last hour of trading on Wall Street. Markets: Stocks continued their recent declines Tuesday as megacap tech lagged on worries about valuations within the artificial intelligence trade. The S & P 500 was on track for its worst losing streak since August as it closed in on its fourth consecutive session of losses. Club stocks Amazon and Microsoft weighed on the market, shedding 4% and 2.7%, respectively, in the afternoon. Club holding Nvidia ‘s 1.5% drop didn’t help sentiment either, going into its highly anticipated earnings report Wednesday evening. The Club also had a busy day of trades. We bought more Home Depot on its post-earnings decline , and sold half of our Disney stake following a disappointing quarter last week. Later in the session, we booked some big profits in Eli Lilly , while adding to our Nike position. The Club also initiated a position in Procter & Gamble , a consumer powerhouse behind household brands like Tide, Crest, and Gillette. Done deal : Salesforce closed its $8.3 billion acquisition of AI-powered data management company Informatica ahead of schedule. The companies had been targeting early next year for completion. “The market didn’t really care for this deal when it was announced in May,” Jeff Marks, director of portfolio analysis for the Club, said Tuesday afternoon, recalling Salesforce shares sinking on reports of the deal and the subsequent announcement a few days later. Marks added that the early completion of the purchase is a “good sign of confidence in the integration that Salesforce expects the deal to be accretive to non-GAAP operating margin and non-GAAP earnings per share one year faster than originally believed.” Despite these positive developments, Marks said Salesforce is still a “show me” story. Salesforce has yet to convince investors that AI doesn’t threaten the software giant’s core business, which operates using a seat-based model. The stock lost more than 1.5% in Tuesday’s trading. Big win: Meta Platforms got a big win Tuesday afternoon in an important antitrust case against the Federal Trade Commission. A federal judge ruled that the FTC did not prove its claims that Meta holds a monopoly in social networking or that the company should not have been allowed to acquire Instagram and WhatsApp back in 2012 and 2014, respectively. The agency, which wanted those two units to be divested, argued that there are no major apps like Facebook and Instagram. The judge, however, said that there are plenty of competitors, citing TikTok and YouTube, and contended that the social media landscape has changed radically since those Meta acquisitions were made over a decade ago. Shares of Club name Meta turned positive late Tuesday. The favorable Meta ruling came 10 weeks after Alphabet’s Google avoided the harshest penalties in the antitrust case it lost last year. Good news: iPhone sales in China surged in October, taking Apple’s dominance in the country’s smartphone market to one in every four phones sold, according to the latest data from Counterpoint Research . Apple last achieved this milestone in 2022. Overall, sales for Apple’s flagship device in China jumped 37% last month from the year prior. Analysts at Counterpoint pointed to solid demand for the iPhone 17, in particular, for the market share gains. All three iPhone 17 variants have outperformed iPhone 16 models in sales, according to Counterpoint, posting mid-to-high double-digit percentage growth from year-earlier levels. The base model of the iPhone 17 continued to grow at the fastest rate. Apple shares were up slightly on Tuesday. Jim Cramer has pounded the table on the new iPhones since the September launch. He previously described its debut as “gigantic” and argued that Apple’s newest devices are “more of a bargain” than past versions. The Club maintains its long-held “own it, don’t trade it” thesis on Apple stock. Up next: Club holding TJX will report quarterly earnings Wednesday morning, along with other retailers like Target and Lowe’s . Then, Nvidia and Palo Alto Networks , both Club names, will release their results after Wednesday’s market close. Investors will also get the minutes from the October Fed meeting at 2 p.m. ET on Wednesday. (See here for a full list of the stocks in Jim Cramer’s Charitable Trust.) As a subscriber to the CNBC Investing Club with Jim Cramer, you will receive a trade alert before Jim makes a trade. Jim waits 45 minutes after sending a trade alert before buying or selling a stock in his charitable trust’s portfolio. If Jim has talked about a stock on CNBC TV, he waits 72 hours after issuing the trade alert before executing the trade. 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Meta CEO Mark Zuckerberg appears at the Meta Connect event in Menlo Park, California, on Sept. 25, 2024.
David Paul Morris | Bloomberg | Getty Images
Meta won its high-profile antitrust case against the Federal Trade Commission, which had accused the company of holding a monopoly in social networking.
In a memorandum opinion released Tuesday, Judge James Boasberg of the U.S. District Court in Washington, D.C.,said the FTC failed to prove its argument. The case, initially filed by the FTC five years ago, centered on Meta’s acquisitions of Instagram and WhatsApp.
“Whether or not Meta enjoyed monopoly power in the past, though, the agency must show that it continues to hold such power now,” Boasbergsaid in the filing. “The Court’s verdict today determines that the FTC has not done so. A judgment so stating shall issue this day.”
Boasberg dismissed the case in 2021, saying the agency didn’t have enough evidence to prove “Facebook holds market power.” In August of that year, the FTC filed an amended complaint with more details about the company’s user numbers and metrics relative to competitors like Snapchat, the now-defunct Google+ social network and Myspace.
After reviewing the amendments, Boasberg in 2022 ruled that the case could proceed, saying the FTC had presented more details than before.
Meta CEO Mark Zuckerberg, former operating chief Sheryl Sandberg, Instagram co-founder Kevin Systrom and other current and former Meta executives all testified in the trial, which began in April.
Meta shares were little changed on Tuesday. The stock is up about 2% for the year, badly underperforming broader indexes and most of its megacap tech peers.
“The Court’s decision today recognizes that Meta faces fierce competition,” the company said in a statement. “Our products are beneficial for people and businesses and exemplify American innovation and economic growth. We look forward to continuing to partner with the Administration and to invest in America.”
The FTC didn’t immediately respond to a request for comment.
The ruling comes a little over two months after Googleavoided the harshest possible penalty from an antitrust case it lost last year. While Google was found to hold an illegal monopoly in its core market of internet search, U.S. District Judge Amit Mehta decided the company would not be forced to sell its Chrome browser, bucking the Department of Justice’s request. Google was, however, ordered to loosen its hold on search data.
In the Meta case, the FTC claimed the company shouldn’t have been allowed to buy Instagram for $1 billion in 2012 and WhatsApp for $19 billion in 2014, and the agency called for those units to be divested. The commission also alleged that there were no major alternatives for apps like Facebook and Instagram that people use to communicate with friends and family in a online, social space.
However, a major challenge for the FTC, according to the judge, was in proving that Meta is breaking antitrust law today, not years ago when the primary use of social networks was very different and based on sharing other kinds of content.
“To win the permanent injunction that it seeks here, the FTC must prove a current or imminent legal violation,” he wrote.
Boasberg ultimately sided with Meta’s argument that the technology industry has evolved since the early days of Facebook, and the company now faces a wide variety of competitors like TikTok.
“While each of Meta’s empirical showings can be quibbled with, they all tell a consistent story: people treat TikTok and YouTube as substitutes for Facebook and Instagram, and the amount of competitive overlap is economically important,” Boasberg wrote. “Against that unmistakable pattern, the FTC offers no empirical evidence of substitution whatsoever.”
Big changes in social
Much of Judge Boasberg’s conclusion was built on the transformation that’s taken place in the social media market in recent years and Meta’s changing position within it. User trends have moved heavily in the direction of video, where TikTok and YouTube have massive user bases and huge network effects.
“The most-used part of Meta’s apps is thus indistinguishable from the offerings on TikTok and YouTube,” Boasberg wrote.
Boasberg explained that there was enough evidence to show “that consumers are reallocating massive amounts of time from Meta’s apps” to those services and others, which has “forced Meta to invest gobs of cash to keep up.”
“Meta is not a monopolist insulated from competition,” he wrote. “The Court finds the evidence favoring Meta on this issue both credible and convincing.”
Boasberg also cited various documents and testimony from “industry insiders” that show how other tech companies like TikTok and YouTube viewed Meta as serious competition.
“TikTok and YouTube tracked Meta’s products as competitive threats,” Boasberg wrote.
A Waymo autonomous self-driving Jaguar taxi drives along a street on March 14, 2024 in Los Angeles, California.
Mario Tama | Getty Images
Waymo on Tuesday said it will bring its robotaxi service to new cities in Texas and Florida in 2026.
The Alphabet-owned company said it plans to start operating its vehicles with no human driver assistants in Dallas, Houston, San Antonio, Miami and Orlando in the coming weeks before opening service in those markets to the public next year, the company said in a blog.
“Waymo has entered a new phase of commercial scale, doubling the number of cities we operate without a human specialist in the car,” Waymo Chief Product Officer Saswat Panigrahi said in an emailed statement Tuesday.
Waymo had previously announced plans to launch its robotaxi service in Dallas and Miami in 2026, but Tuesday was the first time the company said it planned to launch service next year in the other cities. Waymo will first offer fully autonomous trips to its employees in those markets, a spokesperson said.
The company has been gearing up to expand its paid robotaxis service in 2026. The company previously announced plans to expand to Detroit, Las Vegas, Nashville, San Diego, Washington, D.C., and London in 2026.
Last week, Waymo began offering freeway routes in the San Francisco, Phoenix and Los Angeles markets. The Google sister company will gradually extend freeway trips to more riders and locations over time.
Already, Waymo operates its paid robotaxi service in Austin, San Francisco, Phoenix, Atlanta and Los Angeles. The company has provided more than 10 million paid rides since first launching in 2020, the company said in May.
Waymo’s Florida and Texas expansion announcement comes the same day that Amazon-owned Zoox began allowing select San Francisco users to hail its driverless vehicles. San Francisco is the second market where Zoox now offers a free service, after its launch in Las Vegas in September. Zoox has deployed a fleet of 50 robotaxis between San Francisco and Las Vegas, the company told CNBC in September.