The aforementioned decision of the Regional Administrative Court of Tuscany was challenged before the Council of State which confirmed the objections of the first instance Judge, with specific reference to the fact that the location of the waste-to-energy plant at Case Passerini was closely linked to the implementation of environmental redevelopment projects and especially to the renaturalising works comprising the so-called "Boschi della Piana" which, instead, had not been built before the construction of the waste-to-energy plant.