Facts
Following the 2013 merger of the municipalities of Wil and Bronschhofen, the Wil City Parliament enacted new Immission Control Regulations (Immissionsschutzreglement, ISR) on June 4, 2015. Articles 15 and 16 of these regulations govern the use of fireworks and firecrackers:
- Article 15 requires a permit for noise-producing fireworks, except for fireworks on the occasion of the celebrations for the Swiss National Day and on New Year's Eve.
- Article 16 generally prohibits the use of firecrackers, but allows them during Carnival, on New Year's Eve, and on the occasion of the celebrations for the Swiss National Day.
A. filed a complaint against these regulations with the Federal Supreme Court.
Considerations
The Federal Supreme Court decided that fireworks and firecrackers fall within the scope of the Environmental Protection Act (Umweltschutzgesetz, USG). In principle, emissions must be limited at the source, regardless of the existing environmental pollution. Noise emissions are to be assessed according to the immission limit values issued by the Federal Council.
The Federal Supreme Court recognized that the ignition of fireworks and firecrackers causes significant noise and air emissions with a high potential for disturbance to humans and animals. The contested regulations therefore provide for a permit requirement for fireworks and a general…