Environment & Climate Change, Switzerland updates

Revision of Federal Act on the Reduction of CO2 Emissions
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • December 18 2017

The Federal Council recently published its dispatch regarding the total revision of the Federal Act on the Reduction of Carbon Dioxide Emissions for 2021 to 2030. The parliamentary debate on the revision of the act will start in 2018. This will define the development and course of Swiss climate policy for upcoming years. Switzerland aims to tighten the act and reinforce its contribution to the limitation of global warming to below 2 degrees Celsius above pre-industrial levels.

Major steps taken towards linking Swiss and EU emissions trading systems
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • October 09 2017

Contrary to the EU emissions trading system (ETS), thus far the Swiss ETS does not incorporate aviation emissions. In order to align and link the Swiss and EU ETS, the Swiss system must include these emissions. As such, the Federal Council recently adopted the Ordinance on the Acquisition and Reporting of Tonne-Kilometre Data relating to Distances Covered by Aircraft.

Environmental legislation in effect and in the pipeline
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • May 01 2017

Various amendments to Swiss environmental statutes and ordinances came into effect in 2016 or will come into effect in 2017. These new measures include certain amendments to the adjustments to the Ordinance on Movements of Waste, a revision of the Ordinance on the Protection against Non-ionising Radiation and amendments to the Federal Act on Forests and the Ordinance on Forests.

Federal Supreme Court decision on building in noise-affected areas
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • December 19 2016

Swiss environmental laws provide for certain requirements to allow new building zones and new buildings in areas that are affected by noise. To assess compliance with these requirements, noise measurements are required. In a recent decision, the Federal Supreme Court decided that a widely used method of measurement – so-called 'ventilation-window practice' – is not compatible with legal requirements.

Federal Supreme Court decision on 'polluter pays' principle and heirs' liability
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • July 25 2016

The Federal Supreme Court recently decided on the environmental liability of owners that make their property available to landfill operators in return for financial compensation. The court also held that the cost-bearing duty of the initial property owner did not transfer to the heirs and so they must therefore be released from any cost-bearing duty.

Key environmental legislation in effect and in the pipeline
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • March 21 2016

Various amendments to Swiss environmental statutes and ordinances came into effect in 2015 or will come into effect in 2016. These new measures include certain amendments to the Ordinance on Air Pollution Control to reflect technical improvements and amendments to the Ordinance on the Reduction of Risks Relating to the Use of Certain Particularly Dangerous Substances, Preparations and Articles to align Swiss laws with international regulations.

Recent jurisprudence on construction activities in aquatic areas
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • December 07 2015

The Federal Supreme Court recently decided three cases concerning the undertaking of construction activities in aquatic areas, which is limited by federal water protection laws and allowed only in exceptional cases. While only fixed installations that serve the public interest may be built in such areas, the authorities may authorise exceptions in certain circumstances.

Federal Supreme Court decision on subsidies to remediate polluted sites
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • August 03 2015

The Federal Supreme Court recently decided on whether a canton is entitled to federal subsidies for remediation measures in connection with a project on a site that, without the building project, would not be in need of remediation. The court held that there is no legal ground obliging the confederation to subsidise remediation on sites that do not generally need it and that require remediation due only to a particular construction project.

Key legislation in effect and in the pipeline
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • February 09 2015

The Federal Council recently enacted amendments to the Environmental Protection Act, the Waters Protection Act and the Gene Technology Act. The amendments relate to the ratification of the Aarhus Convention. Amendments to the Carbon Dioxide Ordinance and the Energy Ordinance have also entered into force, with amendments expected to the Ordinance on the Remediation of Polluted Sites and the Major Accident Ordinance.

Regulations on genetic engineering
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • December 08 2014

Swiss agriculture is free of genetic engineering, with a moratorium banning genetically modified plants and seeds and banning animals from being imported and placed on the Swiss market. The main rules on genetic engineering concern agricultural products, foodstuffs, industrial activities and research and international commerce.

Polluted sites – federal Environmental Protection Act amended
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • August 11 2014

Pursuant to a recent amendment to the federal Environmental Protection Act, polluters may be required to provide appropriate security for the costs of cleaning up a contaminated site. The new approval requirement for the sale or parcelling of a contaminated site can considerably delay a transaction. It is therefore advisable to check the Register of Contaminated Sites and to involve the competent authority in good time.

Key legislation in effect and in the pipeline
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • March 10 2014

Various amendments to Swiss environmental statutes and ordinances came into effect in 2013 or will come into effect in 2014. These new measures include stipulations that the sale or parcelling of land listed in the register of contaminated sites will be subject to approval by the responsible authority, as well as amendments which aim to reframe energy politics and facilitate the installation of small power-generating systems.

Government announces support for Minamata Convention on Mercury
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • December 16 2013

The Minamata Convention on Mercury is a global treaty to protect human health and the environment from the adverse effects of mercury. The convention will lead to amendments of the exceptions from the general prohibition to place on the market mercury-containing preparations or articles in Switzerland. The Swiss government has announced its intention to support the convention financially.

Case law on light pollution
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • August 19 2013

Federal case law on light emissions focuses on the legal provisions governing such emissions and the assessment of their harmful effects. Since no explicit provisions govern the maximum permitted amount of light emissions, the Environmental Protection Act provisions on the maximum emission values for air pollution and the act's general provisions on emissions apply.

Federal Supreme Court confirms scope of 'polluter pays' principle
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • April 08 2013

The Federal Supreme Court recently confirmed the scope of the 'polluter pays' principle. The possessor of a contaminated site at the time of its clean-up is always a polluter for environmental law purposes and the persons that caused the pollution must bear the costs of the clean-up. The court specified that a cost share of between 10% and 30% might be inappropriate if the persons concerned are not responsible for the pollution.

Overview (January 2013)
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • February 04 2013

Including: Brownfield sites; Chemicals; VOC emissions; Carbon emissions; Vehicles; Pipelines; Air pollution; Noise protection; Electronic waste.

'Polluter pays' principle applies to litter disposal costs
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • November 26 2012

The Supreme Court has ruled that litter falls into the category of domestic waste and the 'polluter pays' principle applies to litter disposal costs. Each waste holder is not required to cover the exact disposal costs for its own waste; rather, it is sufficient that all waste producers cover the full disposal costs. This decision follows a complaint by retailers charged a fee to cover the costs of removing litter from public areas.

Clean-up of polluted sites: relative and absolute time limitation
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • August 13 2012

The 'polluter pays' principle states that anyone who causes measures to be taken under the Environmental Protection Law must bear the related costs. However, with regard to sites that were polluted a long time ago, the issue arises of how long the polluter is exposed to potential liability for clean-up costs.

Federal court decisions on traffic noise
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • April 30 2012

Two key principles apply when the courts are asked to consider noise from traffic sources such as roads, railways and aircraft. The precautionary principle provides that noise emissions should primarily be reduced at source, while the principle of proportionality states that remediation is required only if it is technically and operationally feasible and economically acceptable.

Improving the sustainability of real estate
Pestalozzi Attorneys at Law Ltd
  • Switzerland
  • September 26 2011

A broad range of federal, cantonal and voluntary private measures are promoting enhanced real estate sustainability in Switzerland. The involvement of private enterprises, foundations and associations leads to a well-balanced and flexible system. The carbon dioxide tax, in particular, makes fossil fuels more expensive and provides a direct incentive to reduce carbon dioxide emissions.

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