Only the double certificate of identity is missing from the trial file. For the rest, the dilemma on Mario Draghi's double face on the wind-powered invasion of Sardinia is marked step by step, complete with evidence and documents. The clash between the Sardinian Region and the Government on the subject of wind power ambushes on the island arrives at the Sardinia Tar when the new year has not yet begun and the old one is about to end. It was last December 29 when Mattia Pani, Attorney General of the Region, with colleagues Giovanni Parisi and Andrea Secchi, filed appeal number 3 of 2023. The first of the year for the legal patrol of viale Trento. The dispute is no small matter: in the sights of the Region there is a measure as heavy as a boulder.
Under accusation
The decree with which the Prime Minister Mario Draghi, after a collegial deliberation of the Council of Ministers, authorized the wind devastation of Punta Gomoretta, on the Bitti mountains, right above the largest scientific project ever implemented in the field, is under accusation. Mediterranean, the Einstein Telescope. A controversial and ambiguous match, where the government and its president played two sides in comedy. On the one hand supporters of the "Ginevra della Barbagia", with an explicit and written declaration in favor of the largest interferometer in Europe to measure, in the cosmic silence of the depths of the Sos Enattos Mine in Lula, the gravitational waves of Albert Einstein and on the other explicit supporters of the devastating project to build a gigantic wind farm right above the Telescope proposed by the Spanish company Gamesa. Two projects not only contrasting with each other, but conceptually opposite in the development strategy of one of the oldest lands in the Universe. The Region's appeal once again appeals to the Sardinian Tar in an attempt to stop not only the umpteenth assault on the peaks of Barbagia, but above all not to let the dream-project of creating the largest scientific campus in that area die forever space ever designed in Europe.
Sardinian jurisprudence
The procedural documents, as per practice, are armored, but it is certain that the pivot of the Region's legal action cannot ignore the strong and clear positions taken precisely by the Sardinia Tar. The Judges of Piazza del Carmine, headquarters of the Sardinia Tar, are not only dictating the jurisprudence on the matter in the regional sphere, but, with the confirmations coming from the Council of State itself, they are writing milestones of landscape and environmental law in Sardinian land.
Who is Mario Draghi?
Not a cause like any other. This time there is more than a formal act of the Government, already in itself contradictory with respect to environmental and landscape, statutory and constitutional regulations. Above all, there is a substantial dilemma at stake on the matter: who is Mario Draghi really? A question that can be systematically glimpsed in the logical thread of the regional defense which on the one hand mentions the formal letter, on Palazzo Chigi letterhead, signed by the Prime Minister, Mario Draghi of 27 September 2022, with which he declares the full and total support for the Einstein Telescope, and on the other Mario Draghi of 10 October who, instead, submits to the Government the approval, this time collectively, of the wind farm in the Bitti mountains, positioned just above the space interferometer. A sort of "two-faced Janus" capable of first supporting a thesis and a few days later the exact opposite. After all, the whole national and international scientific world had gone to great lengths to make it clear that those wind turbines, placed right above the area of the Lula mine, would irreparably pollute the cosmic silence indispensable for intercepting gravitational waves. In practice, it would mean canceling the very significant competitive advantage with the Euroregion, the competing area between Holland, Belgium and Germany, competing for the assignment of the cosmic project.
Love letter
The question is delicate: Mario Draghi's letter, in fact, sent to the scientific world, has the value of a love letter, which does not involve legal effects, the resolution of the Council of Ministers, however, has disruptive legal effects given that it authorizes with a collegial act and, therefore, hierarchically superior to the love letter, the creation of the wind farm on the Bitti mountains. To this significant contradiction on a substantial level is added a serious and decisive issue: the Sardinian Tar has already pointed out, with the elegance of the law and the frankness of the process, in the sentence on the wind farm close to the Basilica of Saccargia, that not always the public interest emerges in the approval of these projects which are so devastating for the environment and the landscape.
The Spanish landing
And in this case, once again, we are faced with a totally foreign project, in this case Spanish, led by the giant Gamesa. The words of the Palazzo Chigi press release for the approval of the wind plant called "Gomoretta", to be built in the countryside of the Municipalities of Bitti, Orune and Buddusò had been disarming: pursuant to article 7 of the decree-law of 17 May 2022, no. 50, the resolutions adopted replace the environmental impact assessment provision for all purposes. A sort of manu militari descended on a project that the environmental impact assessment commission itself had canceled without appeal: «from the photo-simulations it is clear that from different points of observation the perception of the wind turbines is such as to alter the landscape characteristics». The verdict of the ministerial commission had been very harsh: «All of the above seen, noted, considered and evaluated, the Technical Commission for Environmental Impact Verification - Via e Vas expresses a negative opinion on the environmental impact assessment of the project».
Wind coup
Draghi, on the other hand, with the eviction from Palazzo Chigi already notified, just 15 days after the elections of October 25, decides the "wind coup" by approving Bitti's project, ignoring, or completely debasing, support for the Einstein Telescope. It will once again be up to the Tar Judges to decide the future of that area. On the one hand a scientific project capable of changing the economic and cultural fate of Sardinia and on the other the multinational interests of the Spaniards of Gamesa who, between the golden eagle nests and the peaks of Bitti, would like to drive 13 wind turbines more than 200 meters high , between Bitti and Orune. A scar on Sardinia and beyond.
Meloni puzzle
Meanwhile, yesterday morning, the administrative judges had already set the Council Chamber for the request for precautionary suspension of the decree advanced by the Region: the hearing on 25 January. There is one last note, not insignificant: if the Meloni government decides to form itself in defense of the Draghi decree, against the Sardinian region, the political message for the island will be strong and unequivocal.
