Questão jurídica principal
Whether the Federal Department had competence to grant the forest-clearing authorization under the revised Forest Act.
Decisão extraída
The clearing authorization had to be issued by the cantonal authority because the decisive procedure was the cantonal planning/building authorization procedure.
Fundamentação extraída
Under Art. 6 and 11 LFo, clearing must be coordinated with the planning and building-permit procedure when that is the procedure offering the best coordination and the fullest balancing of interests; the concession procedure did not decide the relevant construction and land-use issues.