Key legal question
Whether the departmental cost allocation under environmental law should be set aside
Extracted holding
No. The appellant contributed to the damage by failing to detect and replace an incorrectly measured dipstick and by not objecting to the improper installation depth of the overflow protection.
Extracted reasoning
Under Art. 59 USG and Art. 54 GSchG, cleanup costs are imposed on the polluter. The court held that the tank controller had to follow the CITEC Suisse technical rules; the appellant’s own technical faults were causally relevant and made it a behavioral polluter.