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HomeSardinia
Investigation

Energy, State-Region war in the Courts

The Council of State does not grant the suspension to Erg on the Saccargia wind farm, all deferred to the merits
Mauro Pili
21 gennaio 2023 alle 14:43
Energy, State-Region war in the Courts
(Foto L'Unione Sarda)
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Deadlines are a war calendar. Between the Region and the State the clash is total, with no sign of truce arising from Palazzo Chigi, despite the new government. The theme is as decisive as it is fundamental: energy, its production, management, the leading role or appearance of the Autonomous Region of Sardinia. At stake is an essential element of the daily life of families, but also the primary economic factor of production, from industry to agriculture, through crafts and household bills. A theme that should engage politics day and night, from Rome to Cagliari, but which, instead, sees the clash all projected into the courtrooms, without respite and with a dispute that day after day reinvigorates the work of the regional lawyers called to face a true and constant attack by the State on the special prerogatives of the Sardinian Region in terms of energy.

Crucial weeks

The one that concludes, and the next that begins, will be crucial weeks for the judicial junction on the main appeals hinged by the Region, both to the TAR and to the Council of State, in an attempt to defend and restore the primary and exclusive competences, from the production and management of energy up to the landscape. The main appeal is the one concerning the substantial commissioning of the Region in terms of energy decided by the Draghi government with a decree of March last year. A veritable state energy "coup" which not only undermined the fundamental peculiarities of the Sardinian Statute on the subject of energy, but also decided, on the head of Sardinia and the Sardinians, projects that would make the Island a real energy colony, attacking its productive autonomy, from the industrial one to the domestic one.

Shovels and batteries only

A plan that not only would have substantially left the island without its own energy, but would have ended up devastating the landscape and the environment with an invasion of wind turbines functional only to the cable-leash that Terna has designed to "snatch" wind and solar energy to be exported to Sicily and Campania, serving the national electricity grid. In Sardinia, according to that plan, a few "electric batteries" would remain, useless and inadequate renewable energy accumulators, thousands of wind turbines, all stretched out over the uncontaminated landscape of the island.

February 23, the dispute

After the shock sentence of the Lazio TAR which rejected without too many pleasantries the appeal of the Region against the "Energy Decree" of the Draghi government, the Council of State, last November 11, had overturned that approach of the Roman Administrative Court demonstrating that it only Sardinia's position deserved to be assessed on the merits, but it actually accepted the request of the Sardinian regional lawyers to stop the Draghi-Cingolani decree. The final hearing is already set for February 23rd. What is surprising is not only the absence of any official and transparent government table aimed at modifying the approach of the previous government, but the willingness of the state attorney to proceed with the defense of the Draghi decree to the bitter end.

Political snub

In fact, the oppositions of Snam and other parties to the Sardinian appeal were joined by those of Palazzo Chigi which has not opened a discussion table with the Region and would insist on the formulation of the decree of the previous Government. A very heavy political snub to the Sardinian regional council, even before being judicial and substantial with respect to the management of the energy match in Sardinia.

Saccargia process

Meanwhile, yesterday, again in the Council of State, the first hearing was staged on another blitz decree by the Draghi government, the one that had authorized the construction of the wind farm on the proscenium of the extraordinary basilica of Saccargia "manu militari", between Nulvi and Ploaghe. Cyclopean shovels destined to devastate the landscape of the area forever. In this case, the precautionary request of the Erg to suspend the decision of the Sardinian Administrative Court which had canceled the Draghi decree for that project without a fight had to be discussed. The Council of State not only ignored the precautionary measure from the energy company, but did not even set the date for the discussion on the merits. It was yesterday, however, that it became known that Palazzo Chigi presented an independent appeal with respect to that of the Erg to defend, even in that case, Draghi's green light for that wind farm. A fact that lends itself to a double interpretation, given that the decision of the State Attorney's Office not to appear in the appeal of the multinational is a setback for the private sector and on the other hand leaves open a possible autonomous negotiation with the Region.

Einstein Telescope

The denial of the suspension is an important "coup" by the Sardinian Avvocatura led by the general advocate Mattia Pani who collected the important result in anticipation of the new face-to-face with the Government, scheduled for 25 January next at the Sardinia TAR, on the project for wind turbines to be positioned above the area destined for the Einstein Telescope, on the Bitti mountains. The lack of suspension by the Council of State with respect to the wind farm around Saccargia is a decisive fact given that the project concerning Bitti was adopted by the Draghi government with the same procedures as that of the Erg for Nulvi-Ploaghe. In this case, the match will be even more important, given that the Region is asking for the immediate suspension of the government provision to prevent the Gamesa project from influencing the international decision on the choice of the Sos Enattos mine in Lula to position Sardinia at the center of the world scientific research. The clash between the wind invasion and the future of the island is, therefore, at a crucial stage. The Tar now has to decide between the wind invasion and Sardinia, the capital of the future.

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