Dealing with Nimby phenomenon: an in-house perspective
From Spain to Italy, local communities at odds with energy transition efforts, notably in the cases of Piombino and El Musel regasification plants
by Michela Cannovale
El Musel regasification plant remains a hot topic in Gijón, Asturias, stirring the pot with its ongoing saga. Enagás, the main natural gas transmission company in Spain, recently made a stand before the High Court of Justice in Madrid, opposing the lawsuit filed by Ecologistas en Acción aimed at nullifying the government’s green light granted to the facility two years ago. According to the green group, the plant falls short of safety measures. However, although its construction came to a halt in 2012 under court order, the urgency to replace Russia as the EU’s gas mainstay amid the Ukraine conflict has fast-tracked its activation starting last August 2023.
Something similar is happening in Italy, where Snam’s regasification terminal in Piombino, Tuscany, has long been a fixture in the news. Snam, the Italian energy infrastructure group founded in 1941, is the first organization in Europe for natural gas storage capacity (over 20 billion cubic meters, including international activities) and one of the main continental operators in regasification for a total pro quota capacity of approximately 8.5 billion cubic meters per year, according to company’s data.
The Piombino project, authorized in response to the energy emergency arising from the conflict in Ukraine, involves installing the Golar Tundra vessel in the port of Piombino to serve as a regasification plant. Nevertheless, the terminal has sparked various protests from the Piombino Municipality, which in 2022 expressed opposition to its construction due to potential risks to the surroundings. Yet, contrary to the Municipality’s appeal, the Lazio Administrative Court rejected the objections at the end of January 2024 with a ruling in favour of the Special Commissioner, the Tuscany Region, and Snam.
“The judges confirmed the full legitimacy of all decisions and actions of the competent authorities and Snam,” read the press release issued by Snam immediately after the judgment. We reached out to the group’s general counsel, Umberto Baldi, who handled the legal aspects of the case with his in-house team, assisted by the defence teams from Morbidelli, Chiomenti, Clarizia Associati, and Todarello & Partners law firms. Together, we outlined the highlights of the Operation Piombino.
Attorney Baldi, let’s rewind. When did the regasification affair begin?
From a legal perspective, the matter started at the end of November 2022 when the Piombino Municipality notified 36 parties (including defendants and interested parties) of an appeal for the annulment, subject to interim suspension, of the ordinance through which the Special Government Commissioner granted the authorization for the realization of the Piombino project, comprising the floating terminal, related infrastructure, and connection to the national gas pipeline network.
Who were the defendants and who were the interested parties?
The defendants included, among others, the Tuscany Region, the Special Government Commissioner, the Ministry of the Environment, the Ministry of the Interior, the Ministry of Infrastructure and Transport, the Ministry of Enterprises and Made in Italy, and the Presidency of the Council of Ministers. The interested parties included the Snam group companies involved in the project. Additionally, the USB union and the associations Greenpeace Italy and WWF Italy took part to the trial as well.
Why did the instance last so long?
