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Israel Union for Environmental Defense v. Prime Minister of Israel

HCJ 4128/02, 58(3) PD 503 (2004)

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Israel Union for Environmental Defense v. Prime Minister of Israel

Israel Supreme Court
HCJ 4128/02, 58(3) PD 503 (2004)

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Facts

Israel’s Building and Planning Law set out the process for the approval of certain construction projects. Under this law, the person proposing the project had to prepare an environmental-impact statement, and the public had the opportunity to comment on or object to the project. Any objections had to be considered before the construction project was approved. The Israeli legislature amended the law for airports, power stations, and waste-disposal facilities to shorten the time period for environmental-impact review and consideration of public objections. The Israel Union for Environmental Defense (plaintiff) sued the prime minister of Israel (defendant) to prevent enforcement of the law, arguing that the reduced timeline for environmental study of a given project infringed on a constitutional right to suitable environmental quality, and that such infringement could not be justified.

Rule of Law

Issue

Holding and Reasoning (Barak, J.)

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