Larissa Rickenbacher is a junior associate and member of Pestalozzi’s Real Estate & Environment Group in Zurich. She has a strong focus on public law questions and her main areas of practice include real estate, environmental and public procurement law. In these areas, Larissa Rickenbacher regularly advises and litigates on a broad range of cases.
She joined Pestalozzi after graduation from the University of Zurich.
The Federal Supreme Court recently ruled on the allocation of clean-up costs where certain polluters are exempt from liability. For the first time, the court discussed the question of whether a contaminated site owner's exemption from liability leads to a corresponding additional burden on the polluter which, through its own conduct, caused the clean-up measures or whether the additional burden passes to the canton and the municipality.
Various amendments to Swiss environmental statutes and ordinances have recently entered into effect or will come into effect in the foreseeable future. These new measures include certain amendments to the Energy Act, the Water Protection Ordinance, the Ordinance on the Prevention and the Disposal of Waste and the Ordinance on Protection against Major Accidents.
According to federal planning principles, the cantons and municipalities must guarantee free public access to lakesides and riverbanks. However, some cantons have not yet implemented the required legislation, not least because of objections from private landowners. This article outlines the applicable federal legal framework and highlights examples of its implementation by two cantons.
Swiss voters recently rejected an initiative that aimed to stop urban sprawl by freezing the overall size of building zones and strictly limiting exceptions that allow building activities outside building zones. While supporters of the initiative considered the current legal regime to be insufficient, opponents argued that the proposed initiative was overly strict, unable to accommodate cantonal and regional differences and inadequate to address population and economic growth.
In March 2017 the federal government submitted to public consultation several proposals to amend the legal regime governing foreign investments in Swiss real property. The vast majority of the comments received rejected the proposed amendments. While the government subsequently dropped its plan to amend the Lex Koller and a related ordinance, certain pending parliamentary motions may impact the Lex Koller regime in the medium term.