Biodiversity litigation breakthrough: Italy's top court orders restoration of protected lake | ClientEarth

The Italian Council of State has made legal history in a court case designed to rescue a protected lake from the brink. The court has ordered the Lazio region to take immediate action to ‘reverse’ the destruction of protected habitats.ClientEarth and Lipu-BirdLife Italy, who brought the case, say the ruling is ‘groundbreaking’ in Italy – and has potentially major ramifications for biodiversity litigation across the EU.In the third strand of a series of challenges brought by the NGOs, the court found the Lazio region in blatant breach of its legal duty to safeguard Lake Vico – a protected nature site and source of drinking water – from dangerous pollution caused by intensive hazelnut farming in the area. It had already ruled against the authorities after local residents were deprived of safe drinking water caused by the pollution.The regional authorities have been given a strict six-month deadline to deploy the necessary measures to reverse the destruction of protected habitats at the lake. The court recognised that the authorities were aware of this long-standing issue but had failed to act.

“This ruling makes the situation crystal clear: protected means protected. The authorities cannot knowingly sit back and allow intensive farming practices to irreversibly degrade this important site. The court has gone further than we’ve seen before, not only asking the authorities to put a stop to damaging behaviour, but to reverse and rehabilitate. That’s a step change for nature law in Italy.”

“Lake Vico isn’t just a pretty lake, but a perfect example of how people and nature are interdependent. Protected habitats are being destroyed and entire villages are being deprived of drinking water with no clear alternatives. The authorities must now follow through with the court’s ruling and take immediate action to undo the years of damage to the lake the authorities’ negligence has caused.”

-ClientEarth lawyer Francesco Maletto

The continuous build-up of fertilisers used for intensive hazelnut plantations produce massive red algal blooms, which have created toxic conditions in the lake. This noxious environment is harmful for both people and nature, and has rendered the water – normally used for drinking by inhabitants of nearby Ronciglione and Caprarola – undrinkable.The Lazio region’s inaction to comply with the Habitats Directive is destroying the lake’s fragile habitats, including the land needed to grow Italy’s precious hazelnuts. If left unchecked, this unsustainable way of farming will wreck nature’s ability to provide for communities now and in the years ahead."The Council of State’s ruling is final and cannot be appealed.

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