Admissibility of an appeal by a national environmental protection association against a local zoning plan

Facts

The WWF Switzerland Foundation filed an appeal against a detailed zoning plan adopted by the municipality of Chermignon (Valais), which notably provided for the creation of a mixed agricultural and recreational, sports and leisure zone intended to accommodate a golf course. The Valais Cantonal Court declared the appeal inadmissible, on the grounds that the plan did not affect the performance of a federal task within the meaning of Art. 2 of the Federal Act on the Protection of Nature and the Landscape (NCHA) and that the Foundation therefore did not have standing to act under Art. 12 NCHA. The Foundation appealed against this decision to the Federal Tribunal.

Considerations

The Federal Tribunal upholds the appeal. It considers that the Foundation's argument on the existence of a biotope worthy of protection within the perimeter of the plan was sufficiently serious and credible to recognize, at least prima facie, that the disputed project affected the execution of a federal task within the meaning of Art. 24sexies Cst. and Art. 2 NCHA. Therefore, the Cantonal Court could not dismiss the Foundation's standing under Art. 12 NCHA outright. It should have either conducted additional investigations or left the question undecided to rule on the merits.

Consequently, the Federal Tribunal annuls the judgment of the Cantonal Court and remands the case to that authority to examine the admissibility of…