Rome – Legambiente and WWF Italy announce that they have filed an appeal with the Lazio Regional Administrative Court against the process for the construction of the Rome incinerator, challenging the ordinances approving the Waste Management Plan of Rome Capital and for the construction of the waste-to-energy from 600,000 t/year of waste, prepared by the Extraordinary Commissioner for the Jubilee and Mayor of Rome Roberto Gualtieri.
With the joint appeal, prepared by the lawyers Diego Aravini, Micaela Chiesa and Umberto Fantigrossi, the two major Italian environmental associations have also requested the precautionary suspension of the effectiveness of the contested measures, contesting their constitutional legitimacy.
“We challenge the TAR against the deeds towards the construction of the Rome incinerator – declare Legambiente and WWF Italy – in the face of the intention to overturn the settings of the Regional Waste Plan, focusing on the unlikely “salvific” effects of an expensive plant, which would end up instead to paralyze the improvement of separate waste collection, in blatant violation of the environmental objectives set at European level. Then it is unacceptable to have chosen to impose this intervention through a commissioner for the 2025 Jubilee, both because it is impossible for the plant to be ready for 2025, and because in doing so we wanted to cancel any phase of discussion and participation, despite the heavily on a theme that is the subject of a recent regional planning. Let us therefore oppose, also on the judicial level, the idea of giving life to this useless and harmful system while we will continue, with all our strength, to stimulate the institutions, at all levels, to adopt measures that lead to a true circular economy made waste reduction, door-to-door, separate collection, incentives for reuse and application of the most modern technologies for the management of unsorted waste. Rome can and must become a virtuous model and for this objective we will continue to fight alongside citizens, unions, committees and associations”.
The reasons for the appeal are then based on the incompetence of the Extraordinary Commissioner who has unlawfully waived or modified the rules on the SEA procedure (outlined in articles 4 and following of Legislative Decree 152/2006 – under the jurisdiction of the National Legislator ) where, on the other hand, the necessary division of competences is sanctioned, between the authority that presents the request and the authority called to make an impartial and independent assessment. In this case, the Commissioner and Mayor of Rome has identified the Metropolitan City as the subject for the Strategic Environmental Assessment procedure, an entity of which the Metropolitan Mayor is Roberto Gualtieri. In this way, whoever asks for, evaluates and grants authorization for the construction of the plant is the same subject, a dynamic against which environmentalists stand firmly.
Finally, the contested provisions are in clear contrast with the Regional Waste Plan which does not provide for new incinerators, nor the possibility of drawing up a management plan for the Roman sub-area in conflict with the regional one, also considering the planned upgrading of the S waste-to-energy plant Victor of Lazio.
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