Facts
On 16 December 1985, the Federal Council adopted a concept for BAHN 2000, which provided for the construction of new railway lines, including the Mattstetten-Rothrist line. The Parliament approved the concept in 1986, and it was accepted in a popular vote in 1987.
In 1991, the SBB submitted an application for approval of the plan for the new Mattstetten-Rothrist line to the Federal Department of Transport and Energy (EVED). The project was divided into four sections. The EVED approved the project in stages in 1994, imposing conditions and exceptions for Section 4 (Murgenthal-Rothrist).
The municipality of Murgenthal, the cantons of Aargau and Solothurn, and the Swiss Traffic Club (VCS) filed an administrative court appeal against the plan approval decision with the Federal Court.
Considerations
The Federal Court dismissed the appeals. It made the following findings
- The staged approach to plan approval is permissible and corresponds to the purpose and intent of the Federal Resolution on the Plan Approval Procedure for Major Railway Projects.
- The comprehensive assessment of the environmental impact was ensured in the preliminary examination procedure and within the framework of the environmental impact assessment.
- The determination of the section boundaries is factually justified and does not violate the principle of coordination nor lead to unequal treatment of the affected cantons.
- The subsequent approval procedures and detailed project planning are permissible, provided that the procedural rights of those affected are safeguarded and the…