Facts

Parties and procedural history:

The Municipality of Attinghausen (appellant) appealed against the planning approval issued by the Federal Department of the Environment, Transport, Energy and Communications (UVEK) on 31 March 2021 for the execution project “N02 Half-junction Altdorf”. The project comprises the construction of a new entry ramp (372 m) and exit ramp (388 m) as well as two new roundabouts. The planning approval was confirmed by the Federal Administrative Court in a judgment dated 25 January 2023. The appellant lodged an appeal against this judgment with the Federal Supreme Court.

Factual background:

The project is part of the regional overall transport concept “Unteres Reusstal” of the Canton of Uri, which provides for a new west-east connecting road (WOV) along the Schächenbach stream. The half-junction “Altdorf Süd” to the motorway A2 (national road N02) is to be implemented together with the WOV to create a new traffic system that provides rear access to settlement areas and relieves the centre of Altdorf. The WOV was approved by the Government Council of the Canton of Uri in 2018, and the half-junction was approved by the Federal Council in 2018 in the general project. The UVEK issued planning approval for the execution project of the half-junction in March 2021, after several objections – including one by the appellant – had been partially upheld.

The appellant criticises in particular that the environmental impact assessment (EIA) for the half-junction did not adequately take into account the effects of the WOV. Among other things, it requests compliance with the planning values for noise, the raising and extension of the noise protection wall along the exit ramp, and additional measures for air pollution control, including long-term monitoring and a dosing system.

Key issues:

  • Whether the two projects (WOV and half-junction) are to be considered as a comprehensive installation within the meaning of Art. 8 EPA and require a comprehensive environmental law assessment.
  • Whether the project is to be classified as a new installation within the meaning of the Noise Abatement Ordinance (NAO) and thus must comply with the planning values.
  • Whether the planned noise protection and air pollution control measures comply with the precautionary principle (Art. 11 EPA).

Considerations

Comprehensive assessment of environmental compatibility:

The Federal Supreme Court confirms that the two projects (WOV and half-junction) are to be qualified as a comprehensive installation within the meaning of Art. 8 EPA due to their spatial, temporal and functional connection. Both projects are part of the regional overall transport concept “Unteres Reusstal” and together form a new traffic system. The half-junction will only be realised if the WOV is also constructed, and the two projects together enable the desired rear access to settlement areas. The existing national road N02 in the area of the half-junction will become a bypass route with an expected increase in traffic of 10–20 %. Thus, the comprehensive installation constitutes a new installation within the meaning of Art. 25 EPA and Art. 7 OAPC, which must generally comply with the planning values for noise.

The environmental impact assessment for the half-junction did not adequately take into account the effects of the WOV. Although the EIA for the WOV mentioned the increase in noise due to the WOV, the overall assessment of noise immissions including the half-junction and the existing national road was not carried out. Likewise, air pollution control in the area of the half-junction was not adequately examined. The Federal Supreme Court finds that the EIA for the half-junction was incomplete and the required comprehensive assessment was lacking.

Noise protection law qualification and precautionary principle:

The Federal Supreme Court qualifies the comprehensive installation (WOV and half-junction) as a new installation within the meaning of Art. 25 EPA. The existing national road N02 in the area of the half-junction is part of the comprehensive installation due to the increase in traffic and its new function as a bypass route. Thus, the planning values for noise must generally be complied with. The lower court and the UVEK had qualified the half-junction as an immaterial change to the existing national road, which the Federal Supreme Court criticises as legally erroneous.

With regard to the noise protection wall extension and raising requested by the appellant, the Federal Supreme Court finds that the cost-benefit analysis was inadequate. The contradictory information in the project documents (planned height of the noise protection wall of 2.6 m over 317 m in the general project, but only 270 m in the execution project) does not allow a reliable assessment of whether the measure is proportionate. However, the precautionary principle (Art. 11 EPA) requires that emissions be limited as far as technically and operationally…