Supreme Court Reverses Lower Court, Awards Fees in Air Pollution Class Action

In a rare intervention, Supreme Court Justice Ofer Groskopf overturned a Haifa District Court decision, ruling that compensation and legal fees should be awarded in a class action lawsuit settlement concerning air pollution. The original suit targeted Aluminum Industries (Alubin) and its CEO Gal Segal, alleging violations of the Clean Air Law and the company's environmental permit.

Alubin committed to transitioning to natural gas within six months. The parties initially sought NIS 1,000 for each of the plaintiffs and NIS 20,000 for their lawyers. The District Court had denied the request, stating the plaintiffs hadn't proven the transition to natural gas would reduce pollution or that Alubin wouldn't have made the change regardless.

However, Justice Groskopf, with the agreement of the parties, allowed the compensation and fees, contingent on an expert opinion confirming the environmental benefits of the natural gas transition. Based on this opinion, Groskopf determined the switch offered significant environmental advantages over liquid or solid fuels, improving public health by reducing emissions.

He justified the compensation by citing the plaintiffs' efforts, including freedom of information requests, administrative petitions, and obtaining expert opinions, as well as the risks involved in environmental class actions. Attorneys Yosef-Chai Abuaziz and Golan Naftali represented the plaintiffs, while Ronen Shkalerz represented Alubin.