Elon Musk gets green light from shareholders to get back $44.9B Tesla pay package

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The pay package is likely to remain tied up in the Delaware Chancery Court and Supreme Court for months as Tesla tries to overturn the Delaware judge's rejection. Photo via Getty Images

Tesla shareholders voted Thursday to restore CEO Elon Musk's record $44.9 billion pay package that was thrown out by a Delaware judge earlier this year, sending a strong vote of confidence in his leadership of the world's largest electric vehicle maker.

The favorable vote doesn’t necessarily mean that Musk will get the all-stock compensation anytime soon. The package is likely to remain tied up in the Delaware Chancery Court and Supreme Court for months as Tesla tries to overturn the Delaware judge's rejection.

Musk has raised doubts about his future with Tesla this year, writing on X, the social media platform he owns, that he wanted a 25% stake in the company in order to stop him from taking artificial intelligence development elsewhere. The higher stake is needed to control the use of AI, he has said.

Tesla also has struggled with falling sales and profit margins as demand for electric vehicles slows worldwide.

But at the company's annual meeting Thursday in Austin, Texas, Musk reassured shareholders that he will stick around, telling them he can't sell any stock in the compensation package for five years.

“It's not actually cash, and I can't cut and run, nor would I want to,” he said.

The company said late Thursday that shareholders had voted for Musk's compensation plan, which initially was approved by the board and stockholders six years ago.

Tesla last valued the package at $44.9 billion in an April regulatory filing. It was once as much as $56 billion but has declined in value in tandem with Tesla's stock, which has dropped about 25% so far this year.

Chancellor Kathaleen St. Jude McCormick ruled in January in a shareholder’s lawsuit that Musk essentially controlled the Tesla board when it ratified the package in 2018, and that it failed to fully inform shareholders who approved it the same year.

Tesla has said it would appeal, but asked shareholders to reapprove the package at Thursday’s annual meeting.

A separate vote approved moving the company’s legal home to Texas to avoid the courts in Delaware, where Tesla is registered as a corporation.

“Its incredible," a jubilant Musk told the crowd gathered at Tesla's headquarters and large factory in Austin, Texas. “I think we’re not just opening a new chapter for Tesla, we’re starting a new book.”

Musk and Tesla didn’t win everything. Shareholders approved measures that trimmed board member terms from three years to one and cut the required vote on shareholder proposals to a simple majority.

Legal experts say the issue of Musk’s pay will still be decided in Delaware, largely because Musk’s lawyers have assured McCormick they won’t try to move the case to Texas.

But they differ on whether the new ratification of the pay package will make it easier for Tesla to get it approved.

Charles Elson, a retired professor and founder of the corporate governance center at the University of Delaware, said he doesn’t think the vote will influence McCormick, who issued a decision based on the law.

McCormick’s ruling essentially made the 2018 compensation package a gift to Musk, Elson said, and that would need unanimous shareholder approval, an impossible threshold. The vote, he said, is interesting from a public perception standpoint, but “in my view it does not affect the ruling.”

John Lawrence, a Dallas-based lawyer with Baker Botts who defends corporations against shareholder lawsuits, agreed the vote doesn’t end the legal dispute and automatically give Musk the stock options. But he says it gives Tesla a strong argument to get the ruling overturned.

He expects Musk and Tesla to argue that shareholders were fully informed before the latest votes, so McCormick should reverse her decision. But the plaintiff in the lawsuit will argue that the vote has no impact and isn’t legally binding, Lawrence said.

The vote, he said, was done under Delaware law and should be considered by the judge.

“This shareholder vote is a strong signal that you now have an absolutely well-informed body of shareholders,” he said. “The judge in Delaware still could decide that this doesn’t change a thing about her prior ruling and doesn’t require her to make any different ruling going forward. But I think it definitely gives Tesla and Musk strong ammunition to try to get her to revisit this.”

If the ruling stands, then Musk likely will appeal to the Delaware Supreme Court, Lawrence said.

Multiple institutional investors have come out against Musk’s sizeable payout, some citing the company’s recent struggles. But analysts said votes by individual shareholders likely put Musk’s pay over the top.

Early Friday, Tesla disclosed that shareholders voted for Musk's pay package by 1,760,780,650 to 528,908,419, with about 77% of all votes in favor. The company's shares jumped 3% by the time the markets closed Thursday and were up 1.2% in premarket trading early Friday.

After the votes were announced, Musk began telling shareholders about new developments in the company's “Full Self-Driving” system. He has staked the company's future on development of autonomous vehicles, robots and artificial intelligence.

“Full Self-Driving” keeps improving with new versions, and its safety per mile is better than human drivers, Musk said.

"This is actually going to work. This is going to happen. Mark my words, this is just a matter of time,” he said.

Despite its name, “Full Self-Driving” can’t drive itself, and the company says human drivers must be ready to intervene at all times. Tesla’s “Full Self-Driving” hardware went on sale late in 2015, and Musk has used the name ever since as the company gathered data to teach its computers how to drive.

In 2019, Musk promised a fleet of autonomous robotaxis by 2020, and he said in early 2022 that the cars would be autonomous that year. In April of last year, Musk said the system should be ready in 2023.

Since 2021, Tesla has been beta-testing “Full Self-Driving” using volunteer owners. U.S. safety regulators last year made Tesla recall the software after finding that the system misbehaved around intersections and could violate traffic laws.

Musk also said the company is making huge progress on its Optimus humanoid robot. Currently it has two working at its factory in Fremont, California, that take battery cells off a production line and put them in shipping containers, he said.

Despite laying off the team working on Tesla’s Supercharger electric vehicle charging network, Musk said he thinks the company will deploy more chargers this year “that are actually working” than the rest of the industry. In the second half of the year, he expects to spend $500 million on Superchargers, Musk said.

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Fervo produces first geothermal power at flagship Utah project

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Fervo Energy’s flagship project in Utah just generated its first geothermal power.

The electricity is now flowing to the power grid from one of Cape Station’s three generation units, Houston-based Fervo said in a news release. This represents an early but important milestone for the project, as the unit isn’t scheduled to deliver contracted power until Oct. 1.

The achievement, coming four months after Fervo’s roughly $2.2 billion IPO, demonstrates the viability of enhanced geothermal systems (EGS).

“This is a gamechanger for the geothermal industry. It establishes EGS as the defining new power generation technology of our time, and we believe it shows that the commercial and technical maturity of EGS is ready to meet the urgent need for reliable, clean power,” Tim Latimer, co-founder and CEO of Fervo, said in the release.

The plant’s two other units are scheduled to launch commercial operations on Jan. 1.

The three units make up the project’s 99-megawatt first phase. The next phase, which will add 400 megawatts of capacity, is under construction. The second phase is set to go online in 2028.

Altogether, Cape Station will provide more than 4 gigawatts of capacity, with 900 megawatts already spoken for. The 900 megawatts of contracted electricity would be enough to power nearly 1 million U.S. homes per year.

“Cape Station works because we treated the subsurface like an engineering challenge,” Jack Norbeck, co-founder and chief technology officer of Fervo, added in the release. “Years of drilling, completion design, subsurface modeling, and flow testing led to this moment, and this is the validation that matters most.”

Enhanced geothermal continuously draws on heat that’s deep underground, producing electricity around the clock regardless of weather or time of day. That makes it one of the only carbon-free resources capable of constant power delivery, which is critical for data centers and AI infrastructure.

Expert: Houston Energy and Climate Week showcases a city building the future

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While hundreds of thousands descend on New York for Climate Week, Houston offered a different proposition: come where the work is being built. And last week Houston proved that it’s solving for more energy and fewer emissions; reliability and affordability; speed and durability. We are solving for the “&.”

That equation sharpened last week. On Sept. 14, the Environmental Protection Agency announced it had repealed most 2024 federal carbon-pollution standards for power plants and proposed rescinding remaining greenhouse-gas requirements. Policy matters, but it can pivot. The need to build does not.

HECW is a proving ground, not another conference stop. As I wrote in the Houston Chronicle, Mayor Sylvester Turner planted the seed by insisting we bring people together across the city and industry to drive Houston’s energy future. He knew false choices have no place here: oil and gas and clean technology; prosperity and stewardship; industry and lower emissions.

ECW joined the Climate Week Network this year, connecting Houston to a growing community of more than 500,000 people across 22-plus cities. We now have a seat at the global table—and a responsibility to use it well, building with other cities and the wider clean-energy-solutions world rather than merely talking at them.

The capital is already moving. Since 2017, Houston Energy Transition Initiative member companies have invested more than $95 billion in low-carbon infrastructure, technologies, and research and development. This is where the transition is financed, engineered, tested and operated. But the work requires more than capital. It requires capital allocators who understand the difference between a promising idea and a project that can scale, hire and endure.

Last week was Houston’s show and tell. At ARTECHOUSE, The &Bassador Reception & Awards brought art, technology, culture, philanthropy and energy together. Then the week went beyond downtown.

Sugar Land Town Square became the launchpad for the Metro Innovation Tour & Market: a place for an ecosystem conversation about smart cities, clean energy, equitable access and next-generation mobility before participants boarded three tour routes across greater Houston. It was also the starting point for the Bay City South Innovation Tour to Erthos Project Bravo in Matagorda County, where small groups saw Earth Mount solar modules being installed in real time. The conversation did not end at a panel. It went to the project site.

The HTX Tech Tours included a visit to the Erthos Project Bravo in Matagorda County. Photo courtesy

Approximately 100 startups from around the world pitched at Rice Alliance, Greentown Labs and Halliburton Labs events. At Astros Night at Daikin Park, builders, backers, and believers traded conference rooms for the diamond, creating an experience, not just another event. That is how this work becomes civic fabric.

Activation also means making the energy story felt, not merely explained. AY Young brought the Battery Tour for live performances. It was a reminder that the “Power of &” is not confined to a boardroom or a laboratory. Art and technology, culture and commerce, a new generation and established industry can share the same stage—and help more people see themselves in the work ahead.

Perhaps no activation made the “Power of &” more immediate and real than the Houston, We Have Solutions open mic night. At Creatopia’s Innovation Studio, people took the mic—or simply listened—to share what they were building, the problem they could not stop thinking about, and the connection they hoped to make. It put founders, artists, community builders, researchers and future-makers in one room. That is collaboration in real time: different kinds of expertise meeting before anyone knows exactly what the solution will be.

FOX26 helped carry that story beyond the rooms we convened, hosting Erthos COO Jessica Knight, Mars Materials co-founder Aaron Fitzgerald, and investors Taylor Chapman and Juliana Garaizar to discuss building and backing the future in Houston. Our region should be proud—not as self-congratulation, but because the world is beginning to experience energy and climate solutions firsthand.

This was also a week to give back. Allies in Energy awarded $27,500 to nine organizations advancing energy and climate literacy, civil dialogue, workforce pathways and community action. NRG Energy’s Brighter Communities provided a founding gift to expand the week and fund local grants. It took partners, hosts, sponsors, volunteers, funders and community organizations. That is the “Power of &”: collaboration that leaves a stronger community behind.

The “Power of &” cannot stop at Houston’s city limits. Louisiana’s participation—through its support of the Digital Delta Symposium & Expo—made clear that Houston’s builder ecosystem is regional by necessity. Gulf Coast infrastructure, supply chains, talent, and industrial decisions do not recognize state lines. Neither should our collaboration. If we are serious about building more energy with fewer emissions, we must align capital, resources and opportunity across the entire Gulf Coast.

That same commitment to practical collaboration means listening, learning and adjusting. A builder’s mindset does not protect a plan simply because it came first; it improves the conditions for the work to succeed. That is why Houston Energy and Climate Week will move to April 4–10, 2027—better weather, more time and space for connection, and a stronger city-wide experience for the people building what comes next.

But the real test begins now. Can we keep widening the circle? Can we continue to turn research into projects, pilots into infrastructure, capital into good jobs and climate ambition into results that families and communities can see? Can we make every new solution stronger by bringing in the people who must finance it, build it, operate it, live beside it and benefit from it?

That is the work ahead. Turner understood that Houston does not move forward by asking who wins the argument. It moves forward by asking who is ready to solve the problem. His legacy—and the promise of the “&”—is an invitation to choose collaboration over division, action over performance and possibility over false choices.

The future does not need another city to talk about it. It needs Houston to keep building it. And it will only be built if we keep choosing the "&."

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Katie Mehnert is the CEO of The Bee Suite, and a recent partner to The Builder’s Movement.

Texas Gov. Abbott broadens crackdown on data centers by halting all permits

data center crackdown

Responding to public outcry, Gov. Greg Abbott has stepped up his campaign against data centers by temporarily halting approval of environmental permits for data center projects.

This and previous moves by Abbott essentially amount to a temporary freeze on the development of new data centers in Texas. His actions come at a time when Texas’ stature as a data center hub has been soaring.

On Monday, Abbott directed the Texas Commission on Environmental Quality to stop issuing permits for data center developments until the Electric Reliability Council of Texas (ERCOT) and Public Utility Commission of Texas complete their review of projects seeking power grid connections.

With regulatory reviews underway and environmental permitting now frozen, state regulators currently cannot approve or deny requests from data center developers, Abbott said.

In a letter to the environmental quality commission’s executive director, Kelly Keel, Abbott said this directive is “consistent with my whole-of-government approach to ensure Texans’ natural resources and way of life are protected.”

Abbott previously ordered the Texas Water Development Board to require data centers to meet reporting requirements for water use. He also told the board to impose penalties for failure to comply with those requirements and to collaborate with ERCOT on its review.

Abbott launched his crackdown on data centers in August by ordering the Public Utility Commission and ERCOT to review data center projects in Texas. The audits will examine all data centers in the queue for interconnections before any more projects can move forward. Interconnections enable data centers to share power, data and computing resources.

In calling for those audits, Abbott cited concerns over data centers’ use of water and electricity, and the centers’ effect on infrastructure expenses and consumers’ utility rates.

“Simply put, Texans must come first,” the governor said.

During next year’s legislation session, Abbott will push for the elimination of state financial incentives for data center projects.

Ed Hirs, an energy fellow ⁠at the University of Houston, told Reuters that Abbott was backtracking on “his earlier pronouncements about data centers leading to lower electricity prices.”

Abbott’s actions come amid growing public backlash over data centers. A recent University of Houston survey found that nearly 63 percent of Houston-area residents opposed construction of a data center within a mile of their home.

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