Facts
The foundation responsible for the Lucerne Culture and Congress Centre had received a permit for the construction of the Lucerne Culture and Congress Centre (KKL) in 1994. At that time, the Office for the Environment qualified the roof water of the KKL as unpolluted water and agreed to the planned discharge into Lake Lucerne. However, in 2006, the "uwe" agency found that the rainwater flowing from the copper roof of the KKL was to be considered polluted wastewater and obliged the foundation to conduct a feasibility study to reduce copper runoff.
The foundation appealed this decision to the Administrative Court of the Canton of Lucerne, which dismissed the appeal. The foundation then filed an appeal in public law matters with the FSCA and requested the annulment of the Administrative Court's judgment and the decision of the "uwe" agency.
Considerations
The FSCA dismissed the appeal, insofar as it was considered. It found that the contested judgment of the Administrative Court was an interim decision, as the proceedings had not yet been completed. The appellant was obliged to conduct a feasibility study, and no final decision had been made on further steps and possible remedial measures.
The FSCA examined whether the requirements of Art. 93 para. 1 lit. b FSCA were met, according to which an appeal is admissible against self-contained preliminary and interim decisions if the approval of the appeal would immediately lead to a final decision and thus save significant time or costs for an extensive evidence procedure. It found that this was the case, as the approval of the appeal would lead to…