“A revolutionary ruling for Italy, but which could have important implications for future legal cases on biodiversity in Europe” they declare ClientEarth and Lipu after the Council of State ruled on the appeal of the two NGOs for the protection of Lake Vico: the Council of State has in fact ordered the Lazio Region to act immediately to “counter” the destruction of a protected habitat by granting it six months to adopt the necessary measures to counter the destruction of the lake’s protected habitats.
Intensive hazelnut cultivation
“This is the third act of a series of appeals presented by NGOs: with the latter the Council of State, with a final and no longer appealable sentence, judged the Lazio Region to be in clear violation of its legal obligation to safeguard Lake Vico – protected natural site and source of drinking water – from the dangerous pollution caused by the intensive cultivation of hazelnuts which is carried out in the area” write the associations in a note. The Court had already condemned the authorities after residents of the area were deprived of drinking water due to the same pollution.
Fertilizers
According to the appellants, in fact, the accumulation in the lake of fertilizers used in intensive hazelnut cultivation it has favored the proliferation of red algae, and created a harmful environment both for nature and for the inhabitants, having made the water – normally drunk in nearby Ronciglione and Caprarola – undrinkable. The Court recognized that the authorities had been aware of this problem for a long time, but had failed to act. Francesco Maletto, ClientEarth lawyer, said: “This ruling makes it clear once and for all: protected means protected. The authorities cannot stand by and allow intensive agriculture to irreversibly degrade this important territory. The court went further than previously, not only asking the authorities to put an end to harmful behavior, but also to reverse it. This is a turning point for biodiversity law in Italy.” “Failure to comply with the Habitats Directive, he declared Giorgia Gaibani, responsible for Territorial Defense and Natura 2000 of Lipu, is causing the destruction of the lake’s fragile habitats, including the land necessary for the cultivation of precious Italian hazelnuts. This unsustainable way of farming will compromise nature’s ability to provide for local communities in the years to come, as it always has.”
The water crisis
In addition to this recent ruling by the Council of State, ClientEarth and Lipu have already successfully challenged in court the failure to adopt by the authorities – and, in particular, the Lazio Region – of effective measures to resolve the drinking water crisis and to reduce levels of harmful nitrates, as required by both European and national legislation. The Lazio Region has been ordered to create a Nitrate Vulnerable Zone and take measures to clean up the water.
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The ruling last November
Last November, a final ruling of State Councilhe confirmed inertia of the authorities responsible for water management and of the Municipalities of Ronciglione and Caprarola on the state in which the waters of that territory and of the Lake Vico in a clear state of eutrophication and had forced the Lazio Region to exercise substitutive powers, to guarantee the protection of water intended for human consumption. Salvagente had dedicated an extensive report to the environmental situation of the lake.
The culpable inertia of the institutions on the death of Lake Vico
