CIVICUS speaks about a recent biodiversity court victory in Italy with Francesco Maletto, wildlife and habitats lawyer at ClientEarth, an environmental civil society organisation that seeks systemic change through advocacy and litigation.
Why did you take regional authorities to court?
ClientEarth, together with Lipu-Birdlife Italy, took legal action against the authorities for failing to take action to protect Lake Vico from catastrophic pollution caused by intensive hazelnut cultivation. We challenged the Lazio region, the water authorities and the municipalities of Caprarola and Ronciglione for breaching several European Union (EU) and national laws by failing to take the measures needed to protect Lake Vico – an EU-protected Natura 2000 site – and the people who depend on its resources.
How did Lake Vico become polluted?
For the last 50 years, there’s been intensive hazelnut cultivation in the area, with plantations covering more than 21,700 hectares. This has resulted in dangerous levels of fertiliser entering the lake. The constant accumulation of toxic chemicals has killed nature and wildlife and made the water undrinkable.
An excess of nutrients in the water can trigger a process known as eutrophication, which leads to massive algae growth. The algae deplete the oxygen in the water and release carcinogenic chemicals that cannot be removed naturally. These toxins are harmful to the environment and human health. They can cause illness if ingested.
The authorities have declared the water undrinkable, but haven’t identified an alternative source of drinking water for people in Caprarola and Ronciglione. As a result, residents continue to have this water in their homes but are unable to consume it.
The environmental and health impacts of intensive hazelnut cultivation are not limited to Lake Vico; they are widespread throughout the region. Lake Bolsena, Europe’s largest volcanic lake and a popular tourist destination, also suffers from agricultural pollution that has begun to degrade the environment and water quality.
What has the Council of State decided and what must the Lazio region do to comply?
The Council of State has ordered the Lazio region to take immediate action to reverse the destruction of protected habitats. The regional authorities have been given a strict six-month deadline to take the measures needed to restore the lake’s protected habitats. The court recognised that the authorities had been aware of this problem for a long time, but had failed to act.
This ruling was the third and final in a series of successful legal challenges brought by ClientEarth and Lipu-Birdlife Italy against the Lazio region. We had previously successfully challenged the authorities’ failure to take action to improve drinking water quality and tackle harmful nitrate levels, as required by EU and national law. The Lazio region was ordered to establish a nitrate vulnerable zone and take action to clean up the water.
What are the implications of this decision?
The decision has significant implications. This is the first time a decision has been taken in Italy on the basis of Article 6(2) of the Habitats Directive, which sets out the specific measures that authorities must take to avoid the deterioration of natural habitats and the disturbance of species at a given site.
This is important for two reasons. First, because the Council of State has given a broad and progressive interpretation of the state’s obligations under this provision and set out in detail what the measures under this legal provision should look like. Second, because our legal action forced the authorities to act to remedy the situation. The Council of State ruled that, although the Italian authorities are free to determine the content of the measures to be adopted, they have to act when the law requires them to do so.
In the past it has been difficult to enforce obligations due to the authorities’ discretion in exercising their powers. This decision opens new legal avenues to enforce environmental and biodiversity obligations in Italy and other EU countries.
What are the next steps in the process?
The Council of State’s decision is final and cannot be appealed. It means the Lazio region is obliged to act within six months. We’ll continue to closely monitor the actions taken by the authorities to ensure they comply with the court ruling.
Civic space in Italy is rated ‘narrowed’ by the CIVICUS Monitor.
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