Terra dei Fuochi and beyond: how Italy is trying to stop waste trafficking
Environment — di Simone Santi
Terra dei Fuochi and beyond: how Italy is trying to stop waste trafficking, following the ruling of the Court of Justice

Terra dei Fuochi and beyond: how Italy is trying to stop waste trafficking, following the ruling of the Court of Justice
It is called Terra dei fuochi — Land of Fires — because it evokes the dramatic situation of that stretch of land between the provinces of Naples and Caserta, where 2.9 million people live, scarred by the illegal abandonment, burial and burning of waste, often carried out by organised crime. In reality, however, the law approved just days ago by Parliament aims to strengthen the fight against environmental crimes — particularly those related to waste — across the whole of Italy. It does so by introducing new rules, toughening penalties for existing offences and boosting monitoring and prevention tools. The objective is twofold: to protect the environment and to make the crackdown on illegal activities that fuel mafia-linked trafficking, pollution and degradation more effective. Above all, the law steps in to patch things up after the European Court of Human Rights, last January, condemned Italy for failures in the remediation of Terra dei Fuochi, giving the country two years to draw up a national intervention strategy.
The most substantial part of the Terra dei Fuochi law amends the Environmental Code, making the rules against waste abandonment stricter. From now on, throwing rubbish next to bins or discarding small items of waste is no longer merely a matter of bad manners but a genuine administrative offence — which means that anyone caught in the act (or perhaps on camera) can be fined. Even those who toss small items of rubbish from a stationary or moving vehicle will be penalised under the Highway Code. If the offenders are companies or organisations, a fully-fledged criminal offence will be triggered, with heavier penalties.
In addition, two new criminal offences are being created: the abandonment of hazardous waste and the abandonment of non-hazardous waste in "particular circumstances". These particular circumstances are defined as cases in which the abandonment occurs in large quantities or over extensive areas, with potential environmental impact; is repeated over time, indicating systematic rather than isolated conduct; or involves vehicles or company structures (lorries, warehouses, land used as de facto dumps). Operating unlicensed landfills or transporting waste without authorisation will also be punished more severely. In some cases, such as illegal dumpsites, the conduct becomes a fully-fledged criminal offence rather than a mere misdemeanour. Haulage companies operating without registration on the national register of environmental managers risk suspension of up to two months and, in the event of a repeat offence, deregistration for two years. Companies responsible for environmental violations also face new aggravating circumstances and, upon a final conviction, a ban from licences and public contracts.

On the subject of fires: the offence of illegal burning is extended to cover cases in which waste is abandoned in anticipation of being subsequently set alight. Penalties become more severe if the waste is hazardous or if the blaze causes a larger fire. Furthermore, the Terra dei Fuochi law expands the investigative tools available to law-enforcement agencies: delayed flagrante delicto arrest (not only at the moment of the offence but also in the hours that follow) will now be applicable to environmental crimes too, making it easier for law-enforcement to intervene promptly; undercover operations will also be permitted in this area; environmental offences are now among those to which the preventive measures provided for under the anti-mafia code can be applied, including judicial administration of companies and asset confiscation. The decree also strengthens the administrative liability of legal entities: if a company commits environmental offences, it faces higher financial penalties and restrictions on its activities.
Is it enough? According to Legambiente, one of the environmental associations consulted by parliamentarians before drafting the legislation, this represents an important step at national level, but more resources are needed to ensure full eco-justice for those territories in Campania that have for too long been ravaged by eco-mafias and the Camorra, where remediation efforts are struggling to materialise. For Terra dei Fuochi itself, 15 million euros have been allocated for 2025, to be used for interventions at landfills and contaminated sites — which, however, Legambiente explains, "represent only 50 per cent of what is needed to remove the more than 30,000 tonnes of abandoned waste. For this reason, we are appealing to the Government and Parliament to commit as soon as possible to providing the necessary resources alongside precise planning, so as to give these so violently affected territories what they deserve." That is: eco-justice and a new future.