Facts

Bergbahnen Engelberg-Trübsee-Titlis AG applied for the construction of a relief slope in the "Sulzli" area and a ski lift on Parcel No. 1 in the municipality of Wolfenschiessen. The project is located outside the building zone and is situated in the federal Hunting Reserve No. 11 "Hutstock". Several environmental organizations filed an objection to the project, as it would violate the protection objectives of the hunting reserve and endanger the habitat of endangered wildlife species such as the black grouse, capercaillie, and mountain hare. The Federal Supreme Court upheld the appeal and refused the building permit and the spatial planning exemption permit.

Considerations

The Federal Supreme Court concluded that the balancing of interests by the lower instances was insufficient. Insufficient weight was given to the national interests in preserving biodiversity in the hunting reserve, while too much importance was attached to the economic interests in better tourism development. The planned slope would significantly impair the habitat of endangered wildlife species such as the black grouse, capercaillie, and mountain hare. The regularly necessary avalanche blasting for slope safety also…