Facts
The Eoljoux wind farm project, located on the territory of the Municipality of Le Chenit in the Canton of Vaud, has been the subject of various parallel procedures, including the adoption of a partial zoning plan (PPA) and an application for deforestation authorization. Various nature and environmental protection associations have filed objections. The Canton of Vaud has requested the modification of the perimeter of the Federal Inventory of Landscapes, Sites and Natural Monuments of National Importance (IFP) in order to allow the realization of the project. However, the Federal Council has refused to approve the project in a coordinated procedure, considering that the impacts on the landscape and nature, in particular on the habitat of the Capercaillie, were not sufficiently coordinated. The Municipality of Le Chenit then appealed against this decision.Considerations
The Court considered that, although the Federal Council's refusal to approve the project in a coordinated procedure cannot be directly challenged, the municipality could nevertheless indirectly challenge the cantonal structure plan (PDCn) which provided for the Eoljoux project. Indeed, since the PDCn is binding on the municipality, it must be able to have its compliance with the law verified, in particular to check whether the PDCn contains the necessary elements for a coordinated procedure of the project within the meaning of Art. 5 para. 2 let. a SPA. After examination, the Court concluded that the PDCn did not contain sufficient elements to demonstrate that…