Facts

In 1997, the canton of Neuchâtel initiated a preliminary study to evaluate potential sites suitable for the installation of wind turbines. The Crêt-Meuron site was selected. This site is located in an area of ridges and forests, mainly non-constructible, protected by a cantonal decree of 1966. In 2001, the State Council supplemented the cantonal structure plan to include the planning of two wind farms, one of which on the Crêt-Meuron site. The cantonal department then developed a draft cantonal zoning plan for this wind farm. Several objections were filed against this project, which was ultimately cancelled by the Cantonal Administrative Court. The company Eole-Res and the State Council appealed against this decision.

Considerations

The Federal Tribunal upheld the public law appeal filed by the company Eole-Res. It considers that the Administrative Court attached excessive importance to the protection of the landscape and did not sufficiently take into account the public interest in the realization of a wind farm, in accordance with the objectives of federal and cantonal energy policy. Although the Crêt-Meuron site is located in a…