Earth Day 2010

Today the Earth Day Movement celebrates its 40th Anniversary. In fact the first Earth Day took place on 22nd of April back in the year 1970. That day US senator Gaylord Nelson managed to mobilize 20 million of Americans for a giant demonstration in favor of our environment.

Since then, the Earth Day became an year by year institution which takes place each year on April 22 in virtually every country on Earth, and also gave birth to the Earth Day Network, which was founded on the premise that all people, regardless of race, gender, income, or geography, have a moral right to a healthy, sustainable environment. The movement has the mission to broaden and diversify the environmental movement worldwide for promoting a healthy, sustainable environment. Today Earth Day Network has a global reach with more than 20,000 partners and organizations in 190 countries. More than 1 billion people participate in Earth Day activities, making it the largest secular civic event in the world.

For further informations visit www.earthday.org. GET INVOLVED!

Italian Institutional court claims Apulia Regional Law n. 31/2008 — DIA Authorization of PV Projects up to 1MW declared as unconstitutional

Maybe it was the ease of developing renewable energy projects due to administrative and bureaucratic simplifications in Apulia under the provisions of Apulia Regional Law 31/2008 introduced by green energy friendly Nichi Vendola, president of Apulia region, that has been a big thorn in the sides of many other regions.
However on 29 December 2008, the Italian Government filed a lawsuit at the Constitutional Court for the declaration of unconstitutionality of Apulia Regional Law 31/2008. A first public hearing on this matter took place on 26 January 2010 and resulted now in a final verdict published on 31 March 2010. The  Constitutional Court specified the illegitimacy of two paragraphs of Art. 3 (Paragraphs §1 and §2) of Apulia Regional Law 31/2008, pursuant to which renewable energy plants with an output of up to 1MW could so far be authorised through a simplified “start-of works” declaration (DIA – Dichiarazione inizio attività).

Hence the court decision now implies with immediate effect, that ground-mounted PV projects above 20kW located in the Puglia region can no longer be authorized by a simple DIA procedure, but require an Autorizzazione Unica (AU – conferenza unificata), like originally foreseen in national decreto legislativo n. 387 (Attuazione della direttiva 2001/77/CE relativa alla promozione dell’energia elettrica prodotta da fonti energetiche rinnovabili nel mercato interno dell’elettricità) issued on 29 December 2003. More importantly on the other hand the court decision can not retroactively affect PV projects which had been fully permitted through the DIA procedure before the verdict. Already permitted projects should therefore remain valid and unaffected. Only in case these authorizations would be legally challenged within the legal period for objection, then the Constitutional Court’s decision could have sort of a retroactive effect.
In any case, Apulia government will now have to react properly and will have to introduce a new regional law in order to strike a fair balance between the interests of all parties involved. The legitimate reliance of the developer on the validity of the regional laws as they were in force during the authorisation process will have an important impact, as well as the investments already made in the project. However the current ruling only applies to the authorizations approved under the regional law n. 31/2008 and hence has no direct impact on the previous Regional Law n. 1/2008 whose article 27 already allowed for the authorization of 1MW PV projects by means of a simple DIA.