You got the standard for warranty claim correct, with a correct analysis to these facts that we have so far. And also I agree with you that I don’t rule out there could be an underlying battery defect — that would be indicated, by, for instance, showing that the affected batteries were all from a certain batch or used a certain part, or used a certain design, that the unaffected batteries did not use. But there is no information indicating that, and in fact since the the affected batteries appear to be from a wide variety of the older batteries, it seems to be just a normal statistical distribution over the fleet’s older batteries that all happened to be subjected to a wide variety of usage and environmental exposures. Some combination of usage and environment and perhaps pure randomness, are likely the causes, not particular batch of batteries.
But finding that a warranty claim won’t likely fly, I suggest you do better than inventing an “unpermitted taking.” As a legal claim that won’t get you far.
You are not using “degradation” in the way people normally use the word, but again, trying to look past the uninteresting semantic quibbles, I’m trying to find a persuasive legal or even moral claim that Tesla did something wrong other than disturb people’s expectations and keep proprietary trade secret information, (surprise!) secret.
And meanwhile even the affected batteries are yielding better range over time and cycle usage for cars than most people thought when they bought the cars which was at a time when there was little data, and explicitly no assurances from Tesla on range over time.
This whole thread is really a great example of the endowment effect — especially evident when people resort to childish insults to defend their endowment effect generated emotional upset.