Pressure from wind power companies, the TAR: «Responses on the plants in Sardinia immediately»
Pilot sentence that opens the doors to a possible avalanche of authorizations: «The Ministry must quickly decide on the authorization requests»Per restare aggiornato entra nel nostro canale Whatsapp
The Ministry of the Environment must say yes or no. It cannot remain silent beyond the terms established by law on the request for authorization to build a wind farm in Sardinia. This was established by the Cagliari judges of the TAR, with the sentence filed this morning which risks putting pressure on the technicians and managers of the Mase evaluation commissions, over whom the shadow of requests for compensation for damages from the companies ready to plant the shovels, many of which are waiting for a verdict that does not arrive. Now they are pressing: they don't want to risk running into any more stringent legislation that should be passed. At least that's what it says.
The pilot verdict arrived quickly on the appeal presented in February by Grv Wind Sardegna 5: a Srl with headquarters in via Durini in Milan like the "twins", for which only the final number changes, ready to exploit the Sardinian wind in various territories. The project for the plant at the center of the dispute, called Sa Fiurada, should be built in Erula: five towers "200 meters high, at the tip of the blade". The request for the Environmental Impact Assessment was filed on 24 July 2022. «With a note dated 16 December 2022, the Ministry communicated the proceedability of Via's request and on 19 December 2022 published the public notice of initiation of the consultation phase", write the judges. The Environmental Assessment scheme, we read, should have arrived by 15 September 2023. However, the verdict has not been issued. However, the contrary opinion of the Ministry of Culture was published.
A document which, according to Mase's defense, is sufficient to make it clear where the situation was going. Not only that: the Ministry of the Environment made it known that the decision was not taken because, on the basis of the regulations, it was decided to give priority to plants with greater power.
Arguments that did not convince the TAR judges: the administrative court «declares the illegitimacy of the silence maintained by the Ministry of the Environment (...) and, as a result, orders that the Pnrr-Pniec technical commission prepare the scheme Via's provision within 30 days of communication of the sentence, the general director of the Ecological Transition of the Ministry of the Environment adopts the final provision of the procedure within 60 days starting from the receipt of the scheme by the commission and that the head of the development department sustainable, as holder of the substitutive power, adopt the measures described above within the following 60 days in the event of further failure of the ordinarily competent bodies".
So tight deadlines. And the ordinary Court will decide on any compensation for damages.