Facts

On 15 October 1979, the Federal Office of Transport (now the Federal Office of Transport) approved the construction of a 132 kV high-voltage line between Biel and Delémont, which was to be built jointly by the Swiss Federal Railways (SBB) and the Bernese Power Plants AG (BKW). The City of Biel and other private individuals filed objections to the project, particularly against the construction of the overhead line in the city area. The Federal Department of the Environment, Transport, Energy and Communications (DETEC) dismissed the objections and granted BKW the right of expropriation for the line. The City of Biel filed an administrative court appeal against this decision with the Federal Court.

Considerations

The Federal Court concluded that there are compelling public interests within the meaning of Art. 1 Compulsory Purchase Act (ComPurA) and Art. 50 Electricity Act (ElecA) for the construction of the 132 kV line. The line serves both the traction power supply of the SBB and the grid expansion of the BKW and is part of an international grid interconnection.

Although the line causes a low level of exposure to electric and (electro-)magnetic fields, which is far below the recognised limit values, the Environmental Protection Act requires that emissions below the limit values be limited as far as technically…