Appeal against the decision of a cantonal authority to declare the appeal of a national environmental protection organization inadmissible

Facts

The joint-stock company Losinger Sion SA operated a quarry in Collombey-Muraz, under an authorization that was due to expire at the end of 1989. In 1990, the municipality undertook a revision of the zoning plan, delineating a "quarry, gravel pit zone" at the location known as "La Barme" in line with Losinger SA's projects. The WWF Switzerland Foundation opposed the creation of this zone, citing the interests of nature and landscape protection. The municipal council dismissed the objections, and the primary assembly adopted the new zoning plan. The WWF appealed to the Valais State Council, which approved the quarry zone while declaring the WWF's appeal inadmissible. The WWF then filed an administrative law appeal with the Federal Tribunal.

Considerations

The Federal Tribunal upheld the WWF's appeal. It considered that the cantonal authorities should have recognized the WWF's right to appeal, under Art. 55 of the Environmental Protection Act (EPA) and Art. 12 of the Nature and Landscape Protection Act (NCHA).

According to the Federal Tribunal, the procedure for adopting and approving the quarry zone should be considered a decision on the planning of a facility subject to an environmental impact assessment, within the meaning of Art. 55 EPA. Furthermore, even if Art. 55 EPA did not apply, the WWF should have been recognized as…