Facts
The Banntag is a centuries-old tradition in Northwestern Switzerland, particularly in the canton of Basel-Landschaft, where the municipal boundaries are walked around in groups each spring. In some municipalities, including Liestal, rifles are carried and fired without ammunition. The Liestal City Council issued instructions regulating the shooting for the Banntag in 1996 and 1997. Ruth Gonseth filed a complaint against these instructions with the Cantonal Government Council and later with the Administrative Court of the Canton of Basel-Landschaft. The Administrative Court dismissed the complaint, whereupon Ruth Gonseth filed an administrative court appeal to the Federal Supreme Court.Considerations
The Federal Supreme Court first examined the admissibility of the administrative court appeal and concluded that the city council's instructions should be considered general administrative decisions and are therefore subject to administrative court appeal. On the merits, the Federal Supreme Court dealt with the compatibility of the Banntag shooting with the Swiss Federal Environmental Protection Act. It concluded that the rifles are to be considered as devices within the meaning of Art. 7 para. 7 of the Environmental Protection Act and are therefore subject to the noise protection regulations of the Environmental Protection Act. An assessment of the individual case in accordance with Art. 4 of the Noise Abatement Ordinance was therefore appropriate. The Federal Supreme Court stated that noise emissions that constitute the actual purpose of a particular activity cannot be completely avoided without defeating the purpose of the activity. In the case of such noise emissions, a balancing of interests must be carried out between the need for peace and quiet of the population and the interest in the noise-causing activity. The Federal Supreme Court concluded that the measures contained in the instructions, such as temporal and spatial restrictions on shooting as well as the provision of hearing…