Facts
The Verkehrsclub der Schweiz (VCS), the Schweizer Heimatschutz (SHS) and the World Wildlife Fund (WWF) Switzerland have appealed against the decision of the Cantonal Council of Zurich approving the final project of the Westumfahrung Zürich, sections N 20.1.4 (Birmensdorf bypass), N 4.1.5 (Uetliberg tunnel) and N 4.1.4 (Brunau-Uetliberg-East). The appellants primarily request the annulment of the contested decision, the referral of the case to the competent authorities for a re-examination of the overall project and the necessary adaptations, as well as the revision of the environmental impact report and the adoption of a coordinated measures plan with the project.Considerations
The Federal Tribunal largely rejects the appeal. It considers that the established case law regarding air protection measures for the construction of national roads must be maintained. Although the immission limit values are currently exceeded in many regions, the Federal Tribunal considers that it is not possible to demand stricter conditions for national road infrastructures than for private construction projects. The Federal Tribunal emphasizes that the Constitution entrusts the federal legislature with the task of ensuring the construction and operation of national roads, and that this constitutional objective must be taken into account in the balancing of interests.
Regarding the accompanying measures, the Federal Tribunal considers that those aimed at reducing air pollution must in principle be ordered within the framework of the measures plan provided for in the OAPC, and not during the approval of the final project. However, the Federal Tribunal notes that the cantonal authorities have undertaken to define and implement, in collaboration with the City of Zurich, the necessary accompanying measures before…