Noise abatement of the Senti bridges on the A2 national highway in Lucerne - Obligation to conduct an environmental impact assessment

Facts

The community of heirs A. and other landowners filed a complaint against the decision of the Federal Department of the Environment, Transport, Energy and Communications (DETEC) to approve the implementation project for the noise abatement of the Senti bridges on the A2 national highway in Lucerne. They objected that an environmental impact assessment (EIA) had been unjustly waived. The Federal Supreme Court upheld the complaint and referred the matter back to DETEC for a new decision.

Considerations

The Federal Supreme Court stated that for noise abatement projects limited to the construction or heightening of noise barriers, an EIA is generally not necessary. However, this is different in the case of covering or enclosing such road sections, as in these cases the obligation to conduct an EIA must be examined more closely, particularly with regard to air pollution control, disaster control and groundwater protection.

In the present case, not only would noise barriers be erected on the Senti bridges as part of the project, but several openings in the adjacent tunnels would also be closed. This would slightly increase the fully covered road sections, which would be comparable to an enclosure. Furthermore, the covered areas would be brought closer together, raising questions about tunnel ventilation…