The TAR rejects Enel's appeal: the Maddaloni power plant will not be built

The Maddaloni power plant will not be built. This is the decision taken by the TAR of Lazio regarding the long legal dispute that arose between Enel, the Ministry of the Environment and the municipality of Maddaloni, represented and defended by the lawyer Renato Labriola. Enel had requested the annulment of the negative opinions of the province of Caserta, the regional council of Campania and the municipality of Maddaloni, which were included in the minutes of the Conference of Services, which brought together the various bodies, and the resolution of the Calatina administration council of 4 April 2011. The denial concerned the failure to issue an environmental authorization necessary to transform the Maddaloni turbogas plant from a plant for the production of energy in situations of need to a plant for the production of energy on a continuous basis.

The decision was challenged by the electricity company because the request for the decommissioning of the plant would have been an excess of power by the local authorities. Furthermore, according to Enel, there would have been a violation of article 5 of legislative decree 59 of 2005 and article 29 quater of legislative decree 152 of 2006, since the denial would have been expressed by the council and not by the mayor and on matters outside the competences of the municipality of Maddaloni.

In these hours, the Regional Administrative Court for Lazio, in its third section, has pronounced the sentence that, therefore, gives reason to the theses strenuously defended by the lawyer Labriola, representing the municipality of Maddaloni, rejecting the appeal of the national electricity company.