The government does not give in and will fight against Sardinia's appeal on suitable areas.
"The Council of Ministers - reads a note from Palazzo Chigi - on the proposal of the Minister for Regional Affairs and Autonomies Roberto Calderoli, has decided to resist the judgment for conflict of attribution proposed, pursuant to Article 134 of the Constitution, by the Autonomous Region of Sardinia against the Ministry of the Environment and Energy Security (Mase) for the annulment of decrees no. 68, 125 and 128 of 2025". Decrees that concern the construction of plants powered by renewable sources in areas identified as "unsuitable" by regional law.
After the government, which challenged it, the TAR of Lazio also detected a long series of passages that smack of unconstitutionality in the rule proposed by the Todde Council and approved in December by the Regional Council in the failed attempt to stem the invasion of renewable energy production plants on the Island.
«The ruling by the TAR Lazio that declared some parts of the Pichetto Fratin Ministerial Decree – known as the Suitable Areas Decree – illegitimate opens a new scenario with respect to the powers attributed to the Regions to establish wider buffer zones for the installation of wind and photovoltaic systems, taking into account what is provided for by state legislation», commented the Environment Councillor, Rosanna Laconi.
«According to the TAR – continues Laconi – this power attributed to the Regions violates, on the one hand, the exclusive legislative competence of the State in matters of protection of cultural and landscape assets, because it underlines that the buffer zones provided for by state legislation already respond to specific protection needs, making the introduction of further limitations by the Regions unjustified; on the other hand, it deems it necessary to provide safeguard measures for the authorization procedures for RES plants in progress». After the ruling, the Ministry has sixty days to adapt the Decree. «As the Region of Sardinia – underlines the Environment Minister of the Council Todde – this declaration of illegitimacy has no immediate and direct effect on Regional Law 20 on Sardinian “suitable areas”. In any case, we expect the Ministry of the Environment to open a direct discussion with the Regions as soon as possible, at the State-Regions Conference, to share the changes that will be made to the decree itself. In this context, we will be able to better understand, as the Sardinia Region, what the contents will be – on the merits – of the proposed changes, in order to then evaluate whether there will be any adjustments to be made to Regional Law no. 20 of 2024".
(Online Union)