Facts
The Misox Power Plants AG (MKW) uses the hydropower of the Calancasca and Moesa rivers and their tributaries to generate electrical energy. On May 17, 1992, the revision of the Federal Act on the Protection of Waters (GSchG) came into force, which requires the remediation of existing water withdrawals by December 31, 2012.
On November 24, 2009, the Government of the Canton of Graubünden passed a resolution on the remediation of the water withdrawals of the MKW. This resolution was challenged by Pro Natura, the WWF, and the Swiss Fisheries Association (SFV). The Administrative Court of the Canton of Graubünden dismissed the appeal on November 12, 2010.
Considerations
Regarding Art. 80 Para. 1 GSchG: The Federal Supreme Court holds that the government, in ordering the remediation measures for the Curina intake (Moesa), did not exhaust the scope of what is reasonable under Art. 80 Para. 1 GSchG. The government must re-evaluate the specific economic consequences of the individual remediation measures, taking into account a 10-year period to determine the average annual…