Dismissal of the administrative court appeal of the nationwide environmental protection organizations against the building permit for the expansion of the tank training area at the Kloten-Bülach military training ground

Facts

On June 17, 1998, the Federal Department of Defence, Civil Protection and Sports (VBS) granted a building permit for the expansion of the tank training area at the Kloten-Bülach military training ground. Against this building permit, the World Wide Fund for Nature (WWF) Switzerland, the Swiss Bird Protection Association (SVS) and Pro Natura filed an administrative court appeal with the Federal Court.

The appellants are nationwide organizations that are entitled to file appeals under the Environmental Protection Act (USG) and the Nature and Heritage Protection Act (NHG). However, this right of appeal presupposes that the organizations have participated in the prior objection procedure before the federal authorities.

In the present case, however, only the cantonal sections of the organizations participated in the objection procedure before the VBS, but not the nationwide organizations themselves.

Considerations

The Federal Court states that the right of appeal of the nationwide organizations under the USG and NHG only exists if they have participated in the prior objection procedure before the federal authorities themselves. Representation by the cantonal sections is not sufficient for this.

This obligation for the nationwide organizations to…