Building Permit and Emissions (Air Pollution Control) for Agricultural Facilities

Facts

The Federal Court had to rule on a complaint by [A.X.] , [B.X.] and [C.X.] as well as [X. AG] against the building permit for the expansion of an agricultural business in Reinach. The complainants alleged a violation of the Environmental Protection Act and the OAPC.

The building permit was granted by the Municipal Council of Reinach on June 29, 1998, and included an assessment of environmental compatibility. The complainants appealed to the Government Council of the Canton of Aargau, which rejected the appeal. An appeal to the cantonal administrative court also remained unsuccessful.

The complainants requested the annulment of the contested judgment and the refusal of the building permit for the livestock buildings. The Administrative Court waived its statement, while the Government Council and the simple company [Y.] requested the dismissal of the appeal.

Considerations

The Federal Court examined the admissibility of the administrative court appeal and found that the complainants were affected by the contested decision and had a legitimate interest in its annulment.

The court investigated whether the expected emissions in the industrial zone were excessive and therefore had to be considered inadmissible. It found that the Administrative Court's review program was not objectionable and that the expected emissions in the industrial zone had to be examined.

The court concluded that…