Facts
In the Grosswiyer area in Goldau, municipality of Arth, hunting shooting ranges and a 300 m shooting range were operated until 1996. The Goldau Nature and Animal Park Association, or its legal successor, the Goldau Nature and Animal Park Foundation as the new owner of the site in question, plans to expand the animal park. It was found that the soil and vegetation are significantly contaminated with lead, even massively so in the bullet trap area. The Office of the Environment of the Canton of Schwyz distributed the remediation costs, imposing 45.5% of the total costs on the Swiss Confederation. The Confederation then filed an administrative court appeal with the Federal Supreme Court.Considerations
The Federal Supreme Court holds that while the Confederation is to be considered an indirect causer of the contaminated site due to the legally prescribed off-duty shooting duty, this does not give rise to a direct causation and thus a cost obligation of the Confederation. The conduct of the shooting exercises and the operation of the facilities are the responsibility of the cantons and municipalities. The Confederation has only a supervisory duty over the appropriateness and safety of the shooting…