Waste recovery project linked to landfill: Tar sides with Brescia

The Municipality of Brescia has secured a significant legal victory at the Tar (Regional Administrative Court), which has annulled a provincial decision. The court sided with Brescia's argument that a waste recovery project at the La Castella site could not be considered separate from the main landfill project.

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but it constitutes an inseparable part of it, and that the procedure initiated by the company La Castella was aimed at modifying a fundamental environmental prescription, already contained in the unique authorization measure (Pau), through a procedural fragmentation not allowed.

The Tar's ruling stated that the recovery project is "inseparably connected" to the landfill and that the company's attempt to modify a key environmental condition through a fragmented procedure was impermissible. This decision effectively halts the provincial administration's exclusion of the project from the environmental impact assessment (Via) process.

Brescia's legal action was supported by the neighboring municipalities of Rezzato, Castenedolo, and Borgosatollo, who emphasized the need for comprehensive evaluations of significant projects. Fabio Capra, president of the city's urban planning commission, highlighted this as a "great victory" for the municipal legal team and lawyers from the other towns.

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A stop that now obliges Garda Uno to appeal to the Council of State or definitively abandon the project. A great victory for our civic advocacy and for the lawyers of the other municipalities.

The situation remains complex as Garda Uno, the company involved, now faces the choice of appealing to the Council of State or abandoning the project. Furthermore, the Constitutional Court is expected to rule in the autumn on the legitimacy of the Regional Unique Authorization Decree (Paur) that initially authorized the La Castella landfill. The Municipality of Brescia has pledged to continue advocating for the protection of health, environment, and territory in this ongoing legal process.

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The protection of health, the environment and the territory must remain the guiding principle of every administrative decision.