Facts
In the Hüslenmoos area in the municipality of Emmen, there are three operationally independent shooting ranges: a municipal range, a federal military range, and a short-distance shooting range for the air force and air defense troops (NGST range). The ranges cause noise emissions that partially exceed the legal limits. Therefore, a remediation project was developed that includes both structural and operational measures. The Federal Office for Defence, Civil Protection and Sport (VBS) issued a planning approval for this. The municipality of Emmen, the Lucerne Cantonal Shooting Association, and residents filed an administrative court appeal against the decision of the VBS with the Federal Supreme Court. The Federal Supreme Court largely dismissed the appeals.Considerations
3. The Federal Supreme Court is responsible for assessing the administrative court appeal, as it is a decision of the VBS based on the Military Act, the Environmental Protection Act, and the Noise Abatement Ordinance. The right of appeal of the municipality of Emmen and the residents is affirmed, as they are affected by the project. However, the Lucerne Cantonal Shooting Association is not entitled to appeal, as it did not participate in the previous instance proceedings. 5. The private appellants allege a violation of the planning obligation and the coordination principles. The Federal Supreme Court considers the inclusion of the municipal range in the military planning approval procedure as problematic, as the competencies of the authorities are actually separate. However, as the lower instance and the Canton of Lucerne agree with this and comprehensive legal protection is granted to the affected parties, there is no serious deficiency. 6. The waiver of an environmental impact assessment is considered permissible, as the remediation measures are not expected to result in significantly increased or new environmental…