Greenfield: The Latest Case Law

The following is a review of the most relevant recent rulings on authorization procedures for the construction and operation of plants for the production of energy from renewable sources.

1. Plants on industrial areas, former quarries and landfills - Authorization with DILA without the need to obtain other opinions.

In its decision no. 1922/2024, the Veneto Regional Administrative Court held that, according to Article 22 bis, Legislative Decree no. 199/2021, introduced by Article 47 paragraph 1 letter b) of Decree-Law no. 13/2023, being the installation of ground-mounted photovoltaic plant and the related connection works in areas for industrial, handicraft and commercial use or, again, in landfills or closed and restored landfill lots or lots or portions of quarries not susceptible to further exploitation, an ordinary maintenance activity, is not subject to the acquisition of any permit, authorization or act of consent. In such cases, any rejection measure adopted