Facts
The municipality of Arosa financed the disposal of municipal solid waste in accordance with its municipal law on waste management of September 24, 1995, through a basic fee and a "quantity fee" based on freshwater consumption. The Government of the Canton of Graubünden considered this regulation to be in violation of federal law, as it did not comply with the polluter-pays principle enshrined in Art. 32a of the Federal Act on Environmental Protection (USG). The Government then set deadlines for the municipality of Arosa to adapt its fee regulation, which, however, failed. Finally, the Government issued its own replacement regulation for the financing of municipal solid waste disposal for the municipality of Arosa by way of substitute performance.
Considerations
The Federal Supreme Court confirmed that the previous regulation of the municipality of Arosa, whereby the waste fee was based on freshwater consumption, violated Art. 32a USG, as the actual amount of waste was not taken into account. The Government was therefore entitled to classify the municipal regulation as being in violation of federal law.
The Federal Supreme Court saw the authority of the Government to issue a replacement regulation in the provisions of the Cantonal Constitution and Cantonal law. The Government had previously sufficiently warned the municipality and given it the opportunity to comment before issuing the replacement regulation. This replacement regulation essentially corresponds to the proposal drawn up by the municipality itself but rejected by the eligible voters and takes into account the special circumstances in Arosa, so that it can be considered proportionate.
The Federal Supreme Court did not see the replacement regulation of the Government as an inadmissible interference with municipal…