Press release
NGOs back to top Italian court after Lazio region ignored ruling and failed to take action on toxic lake conditions
22 October 2024
NGOs are appealing to the Italian Council of State over the Lazio region's failure to comply with the court’s order to safeguard Lake Vico – a protected nature site and source of drinking water for local residents – from catastrophic pollution caused by intensive hazelnut farming.
In October 2023, the Italian Council of State found the Lazio region in breach of EU drinking water laws and ruled that the Lazio region must act to safeguard Lake Vico and the people dependent on it from the toxic environmental conditions.
The region has since shared details of a package of activities (such as digging new wells to avoid using the lake as a water resource), however this package circumvents the requirements of the judgment, and does not prevent and combat the proliferation of toxic algae in the lake to ensure it is safe to be used as drinking water.
ClientEarth and Lipu-BirdLife Italy are now asking the judge to enforce the ruling, to reverse the planned package that does not combat the pollution, and if necessary to designate a commissioner to take the actions forward on behalf of the regional authority, which has so far failed to do so.
The build-up of fertilisers used for intensive hazelnut plantations produce massive red algal blooms, which create 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.
As well as breaching drinking water laws, the region of Lazio has been found in breach of EU nature laws. In May this year the Council of State ruled that the Lazio region must take action to ‘reverse’ the destruction of Lake Vico’s protected habitats, and was given a strict six-month deadline to do so.
The lake and its surroundings are characterised by impressive plants and animal species protected under the EU Nature Directives and has been designated, among other figures, as a Special Area of Conservation by the Region of Lazio.
ClientEarth lawyer Francesco Maletto said: “The authorities are failing in their duty to protect the lake and ensure it provides safe drinking water for its residents. Not only that but they have ignored repeated rulings that have urged it to take immediate action – that’s why we’re taking them back to court.”
ENDS
Notes to editors:
Legal background
In June 2022, ClientEarth and Lipu-BirdLife Italy sent letters of warning to the public administrations of the Lazio region and the municipalities of Ronciglione and Caprarola, as well as the Water Service Authorities, requesting that they comply with EU and national laws. The environmental groups received responses from the Lazio Region concerning breaches of the EU Habitats Directive and from the Local Health Authority regarding the failure to comply with the Drinking Water Directive. However, according to ClientEarth and Lipu-BirdLife Italy, these responses were unsatisfactory. The Lazio region, responsible for implementing the EU Nitrates Directive, did not respond to the NGOs’ letter, while the group’s concerns about the quality of the drinking water were not addressed by the municipalities, nor by the water suppliers.
Following these unsatisfactory responses, the environmental groups took the authorities to court in October 2022. In February 2023, the Administrative Court of Rome ruled in the groups’ favour, ordering the authorities to comply with the Nitrates Directive. Following the ruling, the authorities started the process of creating a Nitrate Vulnerable Zone in the area. However, in parallel, the Administrative Court of Rome dismissed the environmental groups’ legal action against the authorities’ failure to comply with the Drinking Water Directive and the EU Habitats Directive.
In May 2023, ClientEarth and Lipu-BirdLife Italy filed two separate appeals against the court’s negative rulings. A final hearing was held in September. In October, the Council of State ruled that the authorities’ had failed to comply with the Drinking Water Directive. This ruling by the Council of State definitively recognises the authorities’ continued failure to comply with the Drinking Water Directive.
In May 2024, the court made legal history by finding the Lazio region in blatant breach of its legal duty under the Habitats Directive to safeguard Lake Vico from dangerous pollution caused by intensive hazelnut farming in the area. The Council of State gave the local authorities six months to take action to reverse the destruction of the protected habitat.
Regional background
Hazelnut production has increased throughout the Lazio region for the past 50 years. Since 2018, Ferrero Group (known for manufacturing chocolate and confectionery products such as Nutella) has heavily invested in the region to boost productivity and become the main third party purchaser.
Intensive agricultural activities have led to an increase in fertiliser and pesticide use, which run off into the lake, affecting the quality of the water and deteriorating its habitats. An excess of nutrients entering the lake can trigger a process known as eutrophication, which leads to massive growths of algae. The algae suck all the oxygen from the water, which effectively suffocates life in the lake.
In Lake Vico, red algal blooms occur, which in addition to removing oxygen from the lake, also release carcinogenic and toxic chemicals, which cannot be removed naturally. The toxins are harmful for the environment as well as people’s health and may cause illnesses in humans when ingested.
The water of the lake, which normally serves as a drinking water supply, has therefore been identified by the public administration as undrinkable.
The environmental and health impacts of intensive hazelnut farming are not unique to Lake Vico, but widespread across the region. Lake Bolsena – Europe’s largest volcanic lake and a popular tourist destination – also suffers from agricultural pollution, which has begun to degrade the environment and the quality of the water.
About Lipu-Birdlife Italy
Lipu-BirdLife Italy is a voluntary-based organisation, and partner of BirdLife International. Lipu’s mission is geared toward the conservation of nature, particularly wild birds and their habitats, and environmental education. It operates within areas of particular ecological value and nature reserves, wildlife recovery centres and delegations throughout the country.
About ClientEarth
ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account, and defend everyone’s right to a healthy world. From our offices in Europe, Asia and the USA we shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.