Be’er Sheva Court Allows Environmental Groups to Appeal ICL’s Phosphogypsum Ponds Approval

The Be’er Sheva District Court has granted the Society for the Protection of Nature in Israel (SPNI) and Lobby 99 permission to appeal to the National Planning and Building Council against the approval of phosphogypsum ponds operated by Rotem Amfert (ICL Rotem). This rare judicial decision prioritizes environmental concerns over the company’s economic interests. Judge Gad Gideon emphasized the importance of protecting public environmental interests.

The controversy began when the district committee approved ICL’s plan to use two old phosphogypsum reservoirs containing hazardous industrial byproducts, including acids and heavy metals, instead of constructing new, safer ponds. This decision faced opposition from the Water Authority, the Nature and Parks Authority, and SPNI, all advocating for new ponds. ICL had negotiated with the Nature and Parks Authority and the Tamar Regional Council to prevent them from appealing, as only these bodies had the legal right to do so.

Public criticism intensified after a 2017 collapse of one reservoir’s wall caused severe pollution of Nahal Ashlim, killing wildlife and contaminating soil. SPNI and Lobby 99 petitioned the court to allow them to challenge the decision. ICL argued that building new ponds was too costly, while the Water Authority warned that the plan risked contaminating water and soil resources. Despite objections, the plan was approved by a majority vote, and the Water Authority and Nature and Parks Authority withdrew their appeals.

Judge Gideon noted the ongoing public dispute and the deep professional division within the district committee, underscoring the public’s right to bring the planning dilemma before the national council. He questioned whether ICL would genuinely address the old reservoirs’ issues or if the approval merely perpetuated their use for decades, given the 20-year mining license extension.

The judge also highlighted the national significance of the environmental risks, as the reservoirs lie above the Ein Bokek nature reserve’s drainage basin. He concluded that the court’s intervention was justified due to the potential severe damage to the aquifer and the tension between long-term mining rights and interim solutions.

Lobby 99’s attorney, Dr. Einat Solnik, called the ruling significant, stating the court did not accept ICL’s claims about closing the plant and focused scrutiny on the company itself rather than planning institutions. ICL responded that the court acknowledged the economic impact of shutting the reservoirs, including thousands of jobs and fertilizer exports vital to Israel’s national interests. They stressed that the plan was approved after years of comprehensive environmental and professional review and that the court upheld the plan’s validity.