Cassation: 'The former Ilva is turning off the blast furnaces, a serious health hazard'

Italy’s Supreme Court has ordered the former Ilva steel plant in Taranto to shut down its blast furnaces immediately, ruling that continued operation poses a severe danger to public health. The decision by the United Sections of the Court of Cassation confirms a previous verdict from the Milan Court of Appeal, effectively ending hot production at Europe’s largest steelworks. The court cited the presence of asbestos in the facility’s infrastructure as the primary reason for the halt, stating that the risk to life and health outweighs economic considerations. The legal battle centers on 2,140 tonnes of asbestos still embedded within the plant’s equipment. This material serves as thermal insulation inside the stoves, known locally as cowpers, which heat air up to 1,400 degrees Celsius before feeding it into the blast furnaces. Although regulations required the complete removal of this hazardous material by August 23, 2023, the work was never finished. While other parts of the site have already had 6,780 tonnes of waste disposed of, these specific components remain contaminated. The court noted that the industrial installations are obsolete and dilapidated, creating conditions where vibrations, high temperatures, and wear could fracture the containment structures. Such fractures would allow asbestos fibers to disperse into the atmosphere. In their reasoning, the justices rejected arguments that removing the asbestos might be difficult or costly. They described such defenses as reductive, emphasizing that these are not simple buildings but complex industrial systems subject to special regulations. The court applied the precautionary principle, arguing that intervention is necessary before potential risks manifest as actual damage. Data presented in the case indicated that malignant pleural tumors caused by asbestos exposure occur at four times the expected rate in the populations of Taranto and Statte compared to national averages. Consequently, the judges deemed the health hazard both serious and relevant enough to mandate a suspension of productive activity. The ruling addresses the conflict between labor rights and environmental safety. The court stated that the right to life and health cannot be pitted against the right to work. It clarified that employment promoted by the state must be healthy and safe, rather than preserved under unacceptable or degrading conditions. Economic policies should support workers through social measures, but industrial operations must not harm fundamental rights related to health, environment, security, liberty, or human dignity. This verdict concludes a long legal struggle initiated by ten adult citizens and one minor from Taranto. Their lawyers, Ascanio Amenduni and Maurizio Rizzo Striano, led an injunction action that ultimately stopped the plant. The company had previously appealed the Milan Court of Appeal's decision, hoping to keep the furnaces running while awaiting the final judgment. However, the Supreme Court dismissed this appeal. A new environmental authorization granted in 2025 had extended the deadline for asbestos removal until 2037, a delay the court found incompatible with European Union guidelines. The Italian government reacted with disappointment, noting in a statement that the decision complicates an already difficult path. Officials acknowledged the ruling but affirmed their commitment to fulfilling their responsibilities regarding the region's workforce. Prior plans aimed at privatizing the plant and establishing a six-million-tonne decarbonized steel hub within four to six years are now jeopardized. Since the plant was placed under administrative receivership to escape the failed management of ArcelorMittal, various attempts to secure a competitive industrial future for Taranto have faced numerous legal obstacles and local opposition. Regional authorities in Puglia welcomed the decision but immediately requested protections for the affected employees. Trade unions and political opposition groups echoed this demand, urging the state to safeguard jobs despite the operational shutdown. Technical commissioners assigned to the site will now determine the specific procedures and timelines for cooling down the blast furnaces. Industry experts suggest that once the furnaces are extinguished, they likely cannot be reused, signaling the end of the hot area's industrial function. The current status of the furnaces involves a pre-heating phase, which will now transition into a permanent cessation process.