Voltage is in the law but hidden behind how environmental agencies do their tests - the EPA rates a range that equates to the capacity of the battery's voltage at time of testing. That voltage is federal law for the battery, and using cheats to invalidate EPA tests on street cars already has a well established federal prosecution and punishment path.
Some Teslas voluntarily requested lowered range on their EPA ratings, so they can legally reduce voltage to match the EPA rating (first Model 3s did this, as did factory volt capped cars like the 60D and 40). Unfortunately our older Model S 85s were rated using 4.2V per cell and intentionally reducing that voltage invalidates the EPA test.
Dieselgate's massive criminal and financial implications, and Tesla's ironically similar infractions with Batterygate, are adverb the reason Tesla hired a well known corporate bankruptcy firm to represent them while they have spent the last year sctrambling to find a way to return what they stole while keeping your secret from us.
I hope the baseless claims a certain someone made regarding Tesla finally doing "the right thing" (which is a recall, or at least returning our stolen property with a software fix but lets face it if that was possible this thread wouldn't exist) wasn't just another unbacked misinformation, but unfortunately no evidence whatsoever has backed any of that person's claims yet and all of the actual evidence so far says Tesla has growing legal problems. It's basically a matter of time before some hedge fund loser files with the EPA like they did when VW screwed its own customers over, and at that point things get muddy for those of us who justwant our cars repaired. VW was forced to buy back cars they couldn't restore to the original EPA test criteria at the time they were rated, and I honestly didn't think Tesla could handle something like that last year. Tesla's explosive growth recently might make an EPA violations less impact, but it's not the best outcome for any of us especially considering Dieselgate convictions invalidate Tesla's mission which is what a lot of people care about more than the cars themselves. Hopefully Tesla has been working on the same mindset and has a battery day surprise for us.