Sardinian law on unsuitable areas snubbed once again. Authorizations for the construction of renewable energy production plants on the island are arriving in droves, through ministerial decrees from the Ministry of the Environment. From Sassari to Ogliastra , the pattern is always the same: in the Mase offices, to make decisions, they only take national regulations into account because the one wanted by the Todde Council and approved by the Regional Council in December is considered "illegitimate" . And it is written in the provisions that give positive opinions on environmental compatibility for wind power and panels.

The latest slap in the face in chronological order came last April 15 at the height of the procedure started in February 2022 by Whysol-E Sviluppo Srl for a photovoltaic field in Codrongianos.

The company proposed to build it on a 67.4-hectare plot of land currently cultivated with crop rotation to produce a power of 18MWp: 28.95 hectares of panels (41 football fields) will be needed. Which, although with some requirements, have been authorized.

Whether or not the area was suitable for the Region is of little importance to the Ministry. This latest decree also contains a formula that is now consolidated. It is acknowledged that Sardinia has issued Law 20 of 2024. But it is added that there is «also the order of the Council of State which suspended as a precautionary measure art. 7, paragraph 2, letter c) of the Decree “suitable areas” of 21 June 2024 of the Ministry of the Environment and Energy Security, in the part in which the Regions appear to be left with the power to restrict the scope of application of the areas defined as suitable pursuant to art. 20 c.8 of the aforementioned Legislative Decree no. 199/2021, establishing that the Regions should guarantee compliance with the suitable areas already identified by national laws without discretion, until the decision on the merits has not yet been taken».

Meanwhile, "it follows that any regional regulatory provision which, in identifying suitable areas, finds room to affect, in a restrictive sense, the minimum of suitable areas identified by the state legislator" with the Draghi decree is illegitimacy . Hence the green light.

The Region has filed an appeal to the Constitutional Court against the State for conflict of powers: it wants to assert its weight in legislating. While waiting for the decision, authorizations are raining down.

Enrico Fresu

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