Israeli Supreme Court Imposes 120,000 NIS Costs on Environmental Groups in Air Pollution Case
Environmental organizations that successfully challenged an air pollution permit for a power generation facility at the Ashdod desalination plant now face a 120,000 NIS legal cost order from the Israeli Supreme Court. Judge Alex Stein issued the ruling to suspend the lower court's decision and imposed the unusually high costs on the environmental groups and local authorities involved, sparking sharp criticism from the petitioners.
About a year ago, the Jerusalem District Court canceled the Ministry of Environmental Protection's approval of the emission permit, citing concerns over increased carcinogenic pollution. However, Judge Stein reversed this decision, relying on an interpretation of American law not applicable in Israel, and ruled that only emission reduction measures, not the production technology itself, must be evaluated. This narrowing of the Clean Air Law's scope contrasts with the broader interpretation previously adopted.
Environmental groups argue that the ruling harms hundreds of thousands of residents in Ashdod, Yavne, and surrounding areas who suffer from severe air pollution, which causes approximately 5,500 deaths annually in Israel. They condemned the cost order as a deterrent message against public interest advocacy, especially since the groups had won in the district court and are now forced into an appeal process initiated by the state and developers.
Yoni Sapir, chairman of the Shomrei HaBayit organization, criticized the decision for relying on foreign legal precedents and questioned the court's impartiality. Amit Bracha, chairman of Adam Teva V'Din, called the ruling "outrageous" and warned it discourages public interest litigants from challenging polluters. Legal representatives for Ashdod Municipality and environmental coalitions also condemned the ruling, stating it undermines environmental protections and the Ministry of Environmental Protection's ability to deny permits when cleaner alternatives exist. They vowed to continue defending air quality and public health despite the ruling.
The Supreme Court's decision marks a significant setback for environmental advocacy in Israel, imposing financial burdens on activists and potentially weakening regulatory enforcement against polluters. The main hearing on the appeal is scheduled for December.
