Wednesday, March 9, 2011

Anybody Have A Fox As A Pet In Ireland

Ready, Set, DIA!


What are the powers of the region's energy from renewable sources?
When should only be granted permission, and when the complaint is sufficient login?
The Constitutional Court has intervened many times in the field of renewable energy sources, and in the pages of the blog Legal nature of the site and has spoken often and in detail, topics covered by various judgments of the consultations: See in this connection the Constitutional Court rulings on post blog legal
La sentenza che vi consiglio oggi, Corte Costituzionale, n. 313/2010 , che potete consultare gratuitamente registrandovi al sito di Natura Giuridica , nell’affrontare alcune questioni di legittimità costituzionale di una legge della regione Toscana (n. 71 del 2009) ha affrontato i temi relativi alla valutazione d’impatto ambientale di elettrodotti per il trasporto di energia elettrica, ai “confini” di applicabilità della normativa sull’autorizzazione unica (e, di conseguenza, di quella sulla denuncia di inizio attività o DIA) e, infine, al riparto di competenze fra Stato e Regioni in materia di energia (da fonti sources, in this case).

In relation to the first argument, the consultation stressed that if the lines and electrical installations are subject to regional EIA (Environmental Impact Assessment), the power of authorization level must be placed in relation to the ' intent to distribute within the jurisdiction of local governments. In short:
  • the Region it is the environmental impact assessment for power outside air for the transport of electricity with a voltage rating greater than 100 chilovolts and path length exceeding 3 km, while it is the State
  • Environmental Impact Assessment for overhead electrical power lines with voltage ratings higher than 150 chilovolts and path length of 15 kilometers of power lines and underground cable in AC circuit with a length exceeding 40 kilometers, it is therefore no basis for the question of the constitutionality of a regional law, in all cases in which - as in the present - the latter is susceptible to an interpretation that does not produce a lesion of the legislative competence of the state.
In relation to the second and third arguments (see also: "Authorization single complaint or login? What division of powers between state and regions in the motherland of energy ? "), The Constitutional Court has now put his hands on, remembering, once again, if proof were needed, that the general scheme which requires only an authorization exception only those plants that produce energy by less than indicated in a specific table annexed to Decree No. 387/03, for all types of renewable sources considered there: the exception is expressed in the fact that such facilities are subject to discipline only on a complaint of login.

What happened in this case?
The law of the Tuscany Region had increased the threshold above which an obligation the request for authorization only, extending, in fact, the option of using a simple report of logins. A
of a simplified procedure, in fact.
fact, the law had established the regional application of the framework of the DIA plants whose generation capacity is below the threshold of 100 kW for wind power and 200 kW for solar photovoltaics.
The Court has declared illegal, because higher thresholds of generation capacity and characteristics of the installation sites for which we proceed with other discipline, can only be identified by the Minister of Economic Development, in consultation with the Minister Environment and Protection of land and sea, in agreement with the Joint Conference, without which the region can do so individually.

Finally, the Constitutional Court (Case No. 313/2010) indicated that the ownership of the intervention to the construction of plants for the production of electricity using renewable sources does not mean that the implementation of a system generation of energy from renewable sources , like any public work is necessary sharing of all those stakeholders (environmental, cultural, urban, health) involved in project execution.
The purpose of the composition of the interests involved is pursued by the single forecast that, while assigned to a regional focus, is the result of a conference service, which takes the aim of simplification and acceleration of administrative function coordination and mediation of interests in order to identify, through the simultaneous balancing of the interests of those who represent them, the primary and overriding public interest.

For this reason, it is unlawful under a regional, such as the Tuscan, exempt from qualifying title - DIA, complaint Logon – l’installazione di alcuni tipi di impianti – pannelli solari fotovoltaici di potenza nominale uguale o inferiore a 1 megawatt, impianti eolici di potenza nominale uguale o inferiore a 1 megawatt, impianti a fonte idraulica di potenza nominale uguale o inferiore a 200 chilowatt – quando la Regione e gli enti locali siano soggetti responsabili degli interventi, realizzati tenendo conto delle condizioni fissate dal piano di indirizzo energetico regionale.

Natura Giuridica di Andrea Quaranta: Studio di Consulenza legale Ambientale .

Contatta Andrea Quaranta tramite mail o telefono per richiedere il tuo parere di diritto ambientale .

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Photo: "Little Atlas" originally uploaded by 4 Abys

Monday, March 7, 2011

Brazilian Wax Im Scarred

THE CASE AND THE LIABILITY GUBERTI 'PUBLIC


The association has actively participated in the green eye of the wind farm to the story of George Guberti a civil party to the process, providing witnesses, photographs, featuring exposed months before freezing , helping the day of the abduction, police custody and helping with fundraising and Animal Liberation material. Many of the members are part of the Eye Green, now, from Ravenna to Cape Point, including the legal representative Samantha Comizzoli.

Therefore, we attended all the hearings of the trial, until the indictment for abuse and illegal disposal of waste. We believe, as has always been in our thinking that the problems should be solved in depth, going to the roots.

E 'for this reason that this morning we filed with the Public Prosecutor of Ravenna, a statement to verify any liability of public authorities in this matter. This is because the Mayor is responsible for protecting public health and the environment, and shall exercise such protection by means of public administration as commissioner of expertise and the collaboration of local health. Several times after hearing the testimony in the courtroom have feared the possible risks to public health and the environment. But the factor that most amazes us is that raising the issue had no permit to carry, and this situation of lawlessness protrareva for 30 years. Any business would be closed after a couple of days, how can a "mistake" of this kind, after all the reports arrive in town?

considered legitimate delivery dell'esposto communicate in print because everything that was to emerge on breeding Guberti came out in court. We can not judge the accountability of Ravenna, but there is the judiciary to do so. Therefore we leave to them the task of trial.


Eye

Ravenna Green Point in Cape

Sunday, March 6, 2011

Milena Velba Instruction

Legal nature WWWORKERS on "Il Sole 24 Ore"

WWorkers: new workers network: it is released again Giampaolo Colletti's book, published by Group 24 HOURS: in, read the story of a legal nature!

About a year ago, I told my story on the site www.wwworkers.it : the past by bloggers in tourism online, this environment of legal counsel with my husband Andrea Quaranta. Now that story is part of the book, along with other evidence of wwworkers.
Me and Andrea, the creators and founders of environmental consulting firm legal online Legal nature , are fully included in the neologism created by journalist Giampaolo Colletti wwworkers . But what is a wwworker exactly?
A wwworker network is a worker, a person who has chosen to abandon the fixed position and open a new job using the tools and opportunities of the Internet. A little 'courage, a bit' the necessity of having to re-invent in times of great crisis, and that's the idea, apparently far-fetched, to change his life turns into an Italian phenomenon of vast dimensions, so as to attract the ' attention of a senior journalist of digital media which is precisely Giampaolo Colletti.

founded the site www.wwworkers.it , Giampaolo has provided wwworkers us a place to tell our story and, in a sense, "acquire an identity" as long as you do not know that so many others like you are doing, you feel a bit 'pioneer but also a bit more' than just . Also, know to be in good company gives you the opportunity to chiderere and give advice to other people that are on your own boat. So I, like many others, I told my story of how my husband and I are now consultants in environmental law after having left behind our past work.
And after a year of some of the testimonies gathered suwwworkers, including just my and Andrea, have become a book out today Mar. 7: " Wwworkers: new workers network," Giampaolo Colletti, published by Group 24 HOURS. It is worth saying so, we are just happy and thank Giampaolo Colletti for the work done!

Thursday, March 3, 2011

Letter For Provisional Certificate To A College

CAFFE' LITERARY: TRA LA VIA EMILIA E IL CLAN

Friday, March 11th at 21:00 at the Circle of nine hikers on a No February 2 to Ravenna (formerly Kennedy coffee) I look forward Antonio Christian Amorosi and Abundance, author of the book.
We'll talk about the mafia in our house that nobody wants to see, from the De Luca Cosentino, the division of our territory.
Admission free.

Wednesday, March 2, 2011

Is Furry Bad To Like?

When is that one can speak of temporary storage?


In my work environment I counsel are requested many environmental legal opinions, especially in the remediation of contaminated sites, renewable energy sources and management waste.
In this last respect, one of the most popular arguments is that on the temporary storage of waste , whose underlying purpose is to facilitate small business - characterized by a modest production of waste - rather than them having to resort to costly disposal situations and disproportionate to the productive system.
Because of the unclear wording of legislation, the concept of temporary storage not defined by EU directives, has, in addition to legislative changes, including a broad discussion of doctrine and jurisprudence.

Today I want to summarize the differences that exist between the temporary storage - an operation before the waste management - and other types of storage - proper waste management operations - often because of the confusion that reigns in this area is likely to create embarrassment even in the best-intentioned ...
Subject fact that, as I always like to emphasize to my clients is the case determines that the only correct answer and consistent legal environment by the consultant (the interpretation of rules valid for the particular case), we can say that, in regarding waste management, where the deposit of the lack of requirements established by law to be qualified as temporary, is accomplished under the circumstances:
a) an abandonment or a uncontrolled storage sanctioned, as appropriate, by the Articles. 50 and 51, second paragraph of the aforementioned Legislative Decree no. 22 (now replaced by Articles. 255 and 256, second paragraph, Legislative Decree 152 of 2006);
b) a preliminary storage , in need of a required permit in that it constitutes a form of waste management;
c ) put in a reserve pending the recovery, which is also subject to authorization as a form of waste management.

On the issue of waste disposal you have temporary storage, such as legal, when the waste is grouped temporarily and conditions provided by law, the place of production.
It has, however, preliminary storage or storage , requiring authorization or notification in the simplified procedure, when they are not complied with the requirements of Article 6 letter m) of Legislative Decree No. 22 of 1997 (now Article 183 m letter to Legislative Decree No. 152 of 2006) for temporary storage of waste.
It has, finally, storage uncontrolled or abandoned waste , when the grouping of them is done in a place other than where the waste is produced and outside the sphere of control of the manufacturer.

Punishment for the various hypotheses is identical, except for dropping by private individuals.

The burden of proof as to the existence of the conditions set by law for the legality of the interim storage burden on the producer of the waste in view of the exceptional and temporary storage exception than the general legislation.

Legal nature of Andrea Quaranta: Study of Environmental Legal .

Andrea Quaranta Contact by email or phone to request your opinion of environmental law.


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