Suitable areas exist. But only national ones apply. And what about Sardinian law? Sterilized. And unenforced.
The Region's policy on managing permits for renewable energy production plants has been refuted, once again, by a decree from the Directorate General for Environmental Assessments of the Ministry of the Environment and Energy Security (MASE). Today, the environmental compatibility of the Is Olias agrivoltaic field , which Hergo Renewables (a joint venture between Plenitude, hence Eni, and Infrastrutture Spa) plans to build between Milis and Tramatza, was approved. The plan is divided into two fields covering a total of 105 hectares, 40 of which are covered with panels positioned approximately 1.3 meters above ground, for a total power output of approximately 85.76 MWp. Related works and a storage station will also be included, which will be shared with another already authorized facility. This facility, too, complies with the applicable law on suitable areas, though apparently only on paper.
The regulatory framework considered by the Mase offices is summarized in detail in the decree, which imposes some requirements but, in the end, blesses the operation planned for the Oristano area.
All opinions submitted since the beginning of the Environmental Impact Assessment request procedure, which began in July 2024, are recalled .
The Ministry of Culture's Special Superintendency for the National Recovery and Resilience Plan (NRRP) ruled out interference with archaeological sites. The Region also weighed in: the Urban Planning Office wrote that "the project falls within the scope of the aforementioned Regional Law 20/2024," the law on suitable areas enacted at the instigation of the 2024 Pichetto Fratin decree, "which prohibits the construction of large-scale agrivoltaic systems in certain areas, such as the one under consideration, which therefore conflicts with regional legislation."
At Mase, however, they refer to the Council of State ordinances that suspended the effectiveness of the ministerial decree that gave the regions the power to decide where to build renewable energy plants. Consequently, they cite the Lazio Regional Administrative Court's decision that "annulled Article 7, paragraphs 2 and 3, of the aforementioned 'suitable areas' decree of June 21, 2024." This is precisely the part that gave scope to the Regions and which the Todde government had seized upon. The provision, however, takes full account of the Council of State ordinances: they clarify that, it states, "pending the resolution of the merits of the case, the suitable areas would be 'governed by Article 20, paragraph 8, of Legislative Decree 199/2021'." Therefore, the Draghi decree applies, nothing else.
The Region (while its law is being examined by the Constitutional Court following the Government's challenge) has already attempted to challenge other authorizations issued in violation of its law before the Regional Administrative Court. However, Mase explains, the administrative judges "have not deemed it appropriate to accept the
precautionary motions filed." Furthermore, while awaiting the Constitutional Court, ministerial offices have been called upon to express their opinion on the validity of the projects. Therefore, "the failure to complete the EIA process in question," that of Is Olias, "would expose the administrations involved to further and unjustified jurisdictional and fiscal consequences." The agrivoltaic project has therefore been approved.
Even though the regional councilor for local government, Francesco Spanedda, had stated a few days ago, when another photovoltaic plant was authorized in the UNESCO area of Putifigari, "Sardinia is not a land of energy conquest. We are for a just energy transition, we reiterate, with full respect for the landscape and the territory. This is already regulated, moreover, by a regional law that is currently in effect." In Rome, things are different.
