Facts
The Federal Court had to rule on an administrative appeal by the canton of Solothurn and several municipalities and private individuals against the planning approval decision of the Federal Department of Transport and Energy (EVED) for the new Mattstetten-Rothrist line. The appellants argued that the planning approval decision was unlawful because it did not address all the requests based on cantonal law and that the solution to all problems had been postponed to subsequent procedures.
The new Mattstetten-Rothrist line is part of the BAHN 2000 concept and comprises four sections. Section 2, which is disputed here, runs through the Äussere Wasseramt and includes the Recherswil-Bolken section. The EVED's planning approval decision of 24 March 1997 approved the project with amendments and conditions.
The appellants particularly objected to the change in the route in the Lutermoos area, the extension of the Hersiwil tunnel, and the rejection of a comprehensive underground routing of the line (Ösch-Önz tunnel). They argued that the planning approval decision did not meet the requirements of federal law and that the environmental compatibility of the railway construction had not been finally assessed.
Considerations
The Federal Court dismissed the appeals, insofar as it considered them. It stated that the planning approval decision met the requirements of federal law and that the environmental compatibility of the railway construction had been finally assessed.
The court found that the planning approval authority was entitled to order project adjustments or improvements to establish a lawful situation. The plan changes ordered by the EVED were such project improvements that met the requirements of federal law.
The court also examined the complaint that the planning approval decision was not sufficiently justified. It stated that the justification must…