Facts

Parties: Association Suisse pour la Protection des Oiseaux ASPO / BirdLife Suisse, Helvetia Nostra, Association pour la défense des Gittaz et du Mont-des-Cerfs et consorts (Appellants) against Romande Energie SA, Département des institutions et du territoire du canton de Vaud, Direction générale de l'environnement du canton de Vaud, Municipalité de Sainte-Croix (Respondents).

Court: First Public Law Court, Federal Supreme Court.

Date: March 18, 2021.

Main Issue: The appellants dispute the national significance of the Sainte-Croix wind farm and compliance with noise protection regulations.

Background: The planned wind farm comprises seven wind turbines with a rated capacity of 2.3 MW each. Permission for the wind farm was granted following a public inquiry and several adjustments. The appellants filed an appeal, which was partially upheld, leading to further investigations.

Considerations

The appellants dispute the national significance of the Sainte-Croix wind farm and argue that the site is unsuitable due to its impact on birdlife. They refer to Art. 18 NCHA, Art. 14 NCHO, Art. 12 EnA, and Art. 9 , which regulate the protection of birdlife and their habitats. The appellants claim that the wind farm is located in an area with high conflict potential for protected bird species such as the capercaillie and the woodcock, and that the planned compensatory measures are inadequate.

The Federal Supreme Court notes that the national significance of a wind farm is established under Art. 9 para. 2 EnO if the annual energy production is at least 20 GWh. The planned wind farm meets this threshold, as shown by the wind studies. The courts have reviewed the wind studies and found that the production estimates range between 20 and 26 GWh per year, confirming the national significance of the project.

Regarding noise protection, the appellants argue that the noise exposure limits under Annex 6 NAO are not appropriate and that the calculated values do not match the actual measurements. The Federal Supreme Court confirms, however, that the values under…