Facts
On June 27, 1990, the Grand Council of Neuchâtel adopted a decree concerning the protection of bogs, wetland sites, and alluvial zones of national importance. The Canton of Neuchâtel then developed a draft cantonal protection plan, which prompted several objections from nature conservation organizations. The Cantonal Department of Territorial Management lifted these objections and adopted the plan without modification.
The nature conservation organizations then filed an administrative appeal with the Federal Tribunal, requesting the annulment of the State Council's decision and the referral of the case for a new decision.
Considerations
The Federal Tribunal partially upheld the appeal. It considered that the Canton of Neuchâtel could not refrain from delimiting sufficient buffer zones from an ecological point of view within the framework of the cantonal protection plan. This delimitation is indeed an obligation arising from federal law, which aims to sustainably protect wetland biotopes against threats and impacts from the surrounding exploited areas.
Regarding the artisanal extraction of peat, the Federal Tribunal ruled that Art. 13 para. 2 of the regulation, which authorizes the continuation of such extractions in raised bogs of national importance, is not compatible with federal law, which prohibits them. Only a controlled extraction of peat, within strict limits, can still be considered in accordance with federal law.
However, the Federal Tribunal considered that Art. 21 of the regulation, which authorizes the continuation of…