Environmental Law: Case law and regulatory updates

1. Council of State (Section IV, judgment of September 26, 2025, No. 7565), which confirms, among other things, that the authority responsible for identifying the party liable for contamination lies with the Province.
2. Regional Administrative Court (T.A.R.) of Veneto (Section IV, judgment of September 25, 2025, No. 1618), which addresses the issue of End of Waste “on a case-by-case basis,” allowing for two different types of secondary raw materials depending on the intended use of the application site.
3. Council of State (Section IV, judgment of September 9, 2025, No. 7291), which reiterates the exclusive competence of the Province or Metropolitan City in matters relating to the Single Environmental Authorization (AUA).
4. Council of State (Section IV, judgment of August 4, 2025, No. 6884), which, with regard to the simplified procedure set out in Article 209 of the Environmental Code, rules out the automatic expiration of environmental certification once it has lapsed.

On the regulatory front, attention is drawn to the tightening of penalties concerning waste management and the publication of new ISPRA guidelines for drafting environmental impact studies related to agrivoltaic and photovoltaic plants.

Finally, among the latest administrative updates, the MASE’s response to interpellation No. 191749 of October 16, 2025, concerning Environmental Impact Assessment (EIA) and screening procedures, is reported.

For more information, read the newsletter written by our lawyer Simone Cadeddu, Francesca Lalli, Jacopo Nardelli, Camilla Triboldi and Giulia Serio at the following link.