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Published online by Cambridge University Press: 12 February 2016
The Planning and Building Law passed its third and final reading in the Knesset on July 14, 1965. The Law was twelve years in preparation and is a comprehensive code, considered by text writers to be an adequate law for planning and building in a modern state. Based on the Town Planning Ordinance, 1936, the 1965 Law deviates from the old Law in significant areas. Most significantly, the Planning and Building Law requires the State to conform to the requirements of planning schemes, prepared at the national, district and local level. This deviation from the earlier Law is significant because the Government of Israel is the country's largest builder, and planning would be ineffective if the State were outside the jurisdiction of the Law. With this significant change duly published in Reshumot, the following analysis of a specific land use planning problem casts light directly on the Government's willingness to be governed, and obliquely on the effectiveness of the Planning and Building Law, 1965.
1 Gouldman, , Legal Aspects of Town Planning in Israel (Institute for Legislative Research and Comparative Law, Hebrew University, 1966) 111Google Scholar (hereinafter cited as Gouldman); Waelès, Israël (1968) 221. Compared with the laws in France the Planning and Building Law may be somewhat inflexible and overly bureaucratic (Interview with Mr. Silverstone, former chairman of the National Planning Council, in Jerusalem, May, 1972). Compared with zoning laws in the United States, however, the Law is exceedingly modern. See, e.g., Note, “Protection of Environmental Quality in Nonmetropolitan Regions by Limiting Development” (1971) 57 Iowa L.R. 126.
2 The Planning and Building Law, 1965, sec. 259 ((1965) 19 L.S.I. 330 at 355).
3 The Ministry of Housing is involved in at least two-thirds of all building in Israel, “Anarchy and its Name is Housing” Ha'aretz, April 20, 1972.Google Scholar
4 The Law was published in Reshumot on September 12, 1965, effective as of February 12, 1966.
5 Terlo, Zvi, Director General of the Ministry of Justice, “Environment and the Law in Israel” (1973) 13 Pub. Admin. 11.Google Scholar
6 Jewish population. Population of Tel-Aviv-Yafo (1961–1965), Tel-Aviv-Yafo Statistics & Research Division, Special Surveys (1967) no. 23, p. 36 (hereinafter cited as Special Surveys).
7 Reading C is located to the east of the Reading site and therefore has no relevance to the following discussion. Interview with Daniel Dagan, Israel Electric Corp., in Haifa, April 23, 1972 (hereinafter cited as Dagan Interview).
8 Demand for electricity doubled between the years 1958 and 1966 (1967) 49 Divrei HaKnesset 2838.
9 Dagan Interview.
10 Minutes of Meeting of City Council of Tel-Aviv-Yafo, March 12, 1967, p. 6 (hereinafter cited as Minutes).
11 Special Surveys at p. 36.
12 Id. at p. 44.
13 (1967) Hatza'ot Hok no. 742, p. 208.
14 Id.
15 (1967) 49 Divrei HaKnesset 2838.
16 Id., at p. 2839.
17 See, e.g., (1967) 49 Divrei HaKnesset 2889–96.
18 Id., at 2992.
19 (1967) 21 L.S.I. 141.
20 (1968) K.T. no. 2225, p. 1466, as amended (1971) K.T. no. 2746, p. 1656.
21 Id., at sec. 9. The report of the committee has been published. See, The Committee for Planning, Erection and Operation of Monitoring Stations for Measuring Air Pollution in Tel-Aviu-Yafo (1968).
22 The law was passed in such haste that it failed to allow for building fees to be paid to the city of Tel-Aviv. A reminder to that effect by the Mayor of Tel-Aviv-Yafo was mailed to the Ministers in charge of regulations under the Tel-Aviv Power Plant Law. See, letter from M. Namir to Ministers of Health, Interior and Development, August 28, 1967, on file in Tel-Aviv. Under the Planning and Building Law, secs. 81, 101, 174, the Minister of Transport has authority to review every building plan that may affect flight and flight security. Since the Tel-Aviv Power Plant Bill withdrew the construction of Reading D from the provisions of the Planning and Building Law, the Minister of Transport was necessarily worried about his overlooked authority. See letter from I. Mintz, Legal Adviser to Minister of Transport to the Attorney General, November 1, 1970, on file at the Ministry of Justice.
23 An expected 8% growth rate in 1967 (1967) 49 Divrei HaKnesset 2838.
24 A continuing dilemma in Israel is “progress” versus the environment. Speech by Zvi Terlo, Director General, Ministry of Justice at Convention of Lawyers Representing Local Authorities, February, 1972. At the Second Nat'l Conference on Quality of the Environment, March 21, 22, 1972, I. Zemach of the Hebrew University made the following remarks: “I recently returned from abroad and was travelling in the Haifa area with a member of the ‘old guard’ when we came upon the Nesher Cement Works. My guide pointed at the plant, with its outpouring of smoke, and said … ‘Isn't it terrific to see how much progress we've made!’” (free translation).
25 The District and Local Planning Commissions, as well as the Ministers of Development and Health, agreed to the siting of Reading D in 1962. Dagan Interview.
26 Cassell, , “The Health Effects of Air Pollution and their Implications for Control” (1968) 33 L. & Contemp. Prob. 197.CrossRefGoogle Scholar
27 Bernarde, , Our Precarious Habitat (1970) 190Google Scholar; Briggs, , “SO2 Acid in the Sky” (1972) Ecology 21Google Scholar; See also Tadmor, I., “Problems of Air Pollution” in Man in an Antagonistic Environment, Report of Nat'l Conf. on Environmental Quality (Marinov, U. ed., 1971, in Hebrew) 8.Google Scholar This Conference was sponsored by Nat'l Council for Research & Development and the I.D.F. Medical Corps, March 30, 1971 (hereinafter cited as Antagonistic Environment). The most dangerous effects of air pollution, may take place over a period of time. See Perry, J., Our Polluted World (1967) 111–14.Google Scholar
28 Bernarde, supra n. 27 at p. 179; Altshuler, , Effects of Reduced Use of Lead in Gasoline on Vehicle Emission & Photochemical Activity (1972) 6.Google Scholar
29 Cassell, supra n. 26, at p. 198.
30 Battan, L. J., The Unclean Sky (1966) 63Google Scholar; Cassell, supra n. 26, at p. 202.
31 Bernarde, supra n. 27, at pp. 186–88.
32 In 1930 in the Meuse Valley, Belgium, 63 persons died and others were sickened by high concentrations of air pollutants. In 1948, in Donora, Pennsylvania, a stable air mass caused the deaths of 20 people, while 40% of the population was affected by the smog. In London, in 1952, 4,000 deaths were attributed to air pollution, and in 1962, 600 deaths, Herfindahl, O.C., Kneese, A.V., Quality of the Environment: An Economic Approach to Some Problems in Using Land, Air & Water (1965) 24.Google Scholar
33 L.J. Battan, supra n. 30, at pp. 7 and 8; M.A. Bernarde, supra n. 27, at p. 177.
34 L.J. Battan, supra n. 30 at p. 9. The inversion may have a beneficial effect of preventing pollutants from falling to the earth, if the “lid” is below the level of a high stack. Sporn, & Frankinberg, , “Pioneering Experience with High Stacks on the O.V.E.C, and A.E.P. Systems” in The Tall Stack for Air Pollution Control on Large Fossil-Fuelled Power Plants (Sporn, P. ed., 1967).Google Scholar
35 See Council for Planning Construction and Operation of Monitoring Stations to Measure Air Pollution in Tel-Aviv-Yafo (1969, in Hebrew) 2; See also Donagi, A., Kendler, J., Air Pollution Problems in Israel (1971) 2Google ScholarPubMed; Table no. 1 in Antagonistic Environment 26.
36 Electric Power and the Environment: Energy Policy Staff. (Office of Science and Technology, 1970) 3 (hereinafter cited as Energy Policy Staff).
37 Hearings Before Joint Committee on Atomic Energy, 91st Cong., 2nd Sess., Part II, Vol. II (1970) 2226.
38 Interview with Moshe Nelkin, Head Research & Systems Planning Dept., Israel Electric Co., in Haifa, April 23, 1972.
39 Id.
40 Interview with Peter Preuss, Nat'l Council for Research & Development, in Jerusalem, April 4, 1972. Although there is supposedly not an adequate supply for Israel's purposes. Telephone conversation with Daniel Dagan, May 22, 1972.
41 Nelkin Interview, supra n. 38.
42 Briggs, op. cit. supra n. 27 at p. 22.
43 See Smith, , “Reduction of Ambient Air Concentrations of Pollutants by Dispersion from High Stacks” in The Tall Stack for Air Pollution Control on Large Fossil-Fuelled Power Plants (Sporn, P. ed., 1967) 8Google Scholar (hereinafter cited as The Tall Stack). See also Zukerman, , “Prevention of Air Pollution by High Stacks” in Antagonistic Environment 96.Google Scholar “The utilities response to SO2 regulations has been to discharge the same quantities of pollutants into less polluted portions of the atmosphere—either in the higher elevation reached by tall smokestacks or in rural areas which previously enjoyed clean air”. Tarlock, , Tippy, & Francis, , “Environmental Regulation of Power Plant Siting: Existing and Proposed Institutions” (1972) 45 S. Cal. L.R. 502, 511.Google Scholar
44 Joseph Tamir, M.K. Ha'aretz, April 7, 1972, p. 10.
45 (1967) Divrei Haknesset 2889–90. According to Maynard Smith, who prepared a report on Reading D for the Government, see infra at n. 53, “… it is also important to realize that a stack located in open terrain converts the least favorable meterological condition into the most favorable”. Smith, , in The Tall Stack 6.Google Scholar
46 See, e.g., (1967) 49 Divrei HaKnesset 2890, 2893, 2897.
47 A change in natural water temperature that adversely affects the aquatic environment. Edwards, , “Legal Control of Thermal Pollution” (1969) 3 Nat. Res. Lawyer 1.Google Scholar “The water emitted from the Reading plant pours forth into the ocean at 8° C hotter than the ocean”. Speech by A. Yophen, Technical Engineer, Reading Power Plant on Jan. 24, 1973.
48 Brasser, , McCormick, & Stern, , Report to the Minister of Health on the Problems Associated with Air Pollution from the Proposed Addition of Two 214 MW Units by the Israel Electric Corporation, Ltd. (1968) 4.Google Scholar
49 Id., at p. 5.
50 Id., at p. 11.
51 Id., at p. 6.
52 Id., at p. 7.
53 Sporn, P. and Smith, M., Reoprt to the Prime Minister of Israel on the Location of an Additional Block of 428,000 Kilowatts of Electrical Generating Capacity on the Power System of Israel Electric Corp. (1968) 7.Google Scholar
54 The Tall Stack at p. 1.
55 Sporn and Smith Report, supra n. 53, at p. 7.
56 Id., at p. 11. This is in contradiction to Smith's own thinking. “The fact of the matter is that stacks possess no magic power to eliminate a pollutant. They do not reduce by one gram the total amount of pollutants released to the atmosphere”. Smith, in The Tall Stack, at p. 7.
57 Sporn and Smith Report, supra n. 53, at p. 15.
58 An Opinion on the Report of the Experts Sporn and Smith Relating to the Establishment of the Reading Power Station in Tel-Aviv, Unpublished report, Ministry of Health (March 31, 1968, in Hebrew) 1–3.
59 Government Decision 361, sec. 1(c). The decision appears in Air Pollution in Israel—a Report of the Israel National Council for the Biosphere & Environmental Quality (1972) 156, 157 (hereinafter cited as Air Pollution in Israel).
60 Government Decision 361, sec. 1.
61 Tel-Aviv Power Plant (Monitoring Devices) Regs. (1971) K.T. no. 2746, p. 1086.
62 Government Decision 728 (1969), according to recommendations adopted in Government Decision 814. See Air Pollution in Israel at pp. 157, 158.
63 These instructions were prepared under the Ministers' combined authority under the Abatement of Nuisances Law, 1961. See letter on file in the Ministry of Justice. Also see discussion, text, infra, p. 502.
64 The standard as set by the Ministry of Health is 0.3 parts per million of SO2 in the atmosphere, with deviations allowed from this standard 1% of the time. Abatement of Nuisances (Air Quality) Regs. (1971) K.T. no. 2783, p. 380, as amended (1972) K.T. no. 2893, p. 1933. The statute does not limit the 1% deviation to a week or a month, therefore deviations above the standard may occur 1% of 365 days a year. This is a definite weakness in the amendment.
65 Air Pollution in Israel at pp. 171–183.
66 Because there were no data prior to construction of Reading D.
67 Statement by Moshe Nelkin, Head of Research & Systems Planning Dept., Kol Yisrael, October 29, 1972.
68 Table number 1, in Antagonistic Environment at p. 26.
69 Civil File 6168/68 (Motion 2087/68), Tel-Aviv Magistrates' Court at p. 1.
70 Donagi, & Kendler, , Air Pollution Problems in Israel (1971) 1.Google ScholarPubMed In addition to SO2, 55 tons of NO2 are emitted by Reading D daily, “Reading D Emits 55 Tons of Nitrogen Oxide Each Day” Ha'aretz, p. 5, col. 4, March 9, 1972. Pollution in Tel-Aviv is already worrisome due to (1) periods of stable weather, (2) strong sunshine, and (3) diesel and gasoline engines with uncontrolled emissions. Peranio, , Why Build a 500 Megaivatt Thermal Electric Generating Station in the Middle of the Tel-Aviv Megalopolis? (1968) 2.Google Scholar
71 “Israel is situated in an area, where the rays of the sun are the strongest in the northern half of the globe”. Zohar, , “Climatological Considerations for Siting in Big Cities” in Antagonistic Environment at p. 313.Google Scholar
72 That is not to say, however, that SO2 from apartment heating is not a problem—it is apparently a very serious problem in New York City. Meeting addressed by Eisenbud, former head of Environmental Control Agency, New York City, in Jerusalem, March 19, 1972. Although standards have been promulgated in Israel to deal with the placement of chimneys, tanks and pipes for home heating units, these regulations do not include emission standards. See (1969) K.T. no. 2486, p. 503. Regulations under the Abatement of Nuisances Law make the burning of mazut in a household heating unit “unreasonable air pollution”. (1972) K.T. no. 2927, p. 200. Sales of such units are forbidden under the Supervision over Products and Services Law. Id. But emission standards for existing units, which are permitted, are not set out.
73 Minutes at p. 10.
74 Personal communication. M. Radoscher, Engineer, City of Tel-Aviv-Yafo, Feb. 6, 1973.
75 Summary of meeting in Mr. Rabinowitz's chambers, June 22, 1966, on file in Tel-Aviv.
76 See correspondence between Avraham Levin (letter dated October 27, 1966) and Yehoshua Rabinovitz (letter dated November 27, 1966), on file in Tel-Aviv.
77 Minutes at p. 10.
78 Personal communication, M. Radoscher, Engineer, City of Tel-Aviv-Yafo, Feb. 6, 1973.
79 Id.
80 Peranio, supra n. 70 at p. 4.
81 Minutes at p. 8.
82 See Gouldman at p. 36.
83 The “notice” requirement fails to give the public adequate notice. Block and parcel numbers only appear in the newspapers. Speech by David Fields, Planning Engineer, City of Jerusalem, Dec. 7, 1972.
84 Planning and Building Law, 1965, sec. 149 ((1965) 19 L.S.I. 330 at 360).
85 Sec. 152.
86 Igra Rama, Ltd. v. Tel-Aviv Planning Commission (1950) 5 P.D. 229. The Supreme Court, sitting as a High Court of Justice will only intervene when the District Commission rejects permission to appeal its decision, which rejection affronts “natural justice”. Block 6108 Corp. v. Tel-Aviv Planning and Bldg. Commis. (1968) (I) 22 P.D. 171, 172.
87 Civil Wrongs Ordinance (New Version) (1968) 10 New Versions 266.
88 Abatement of Nuisances Law (1961) 15 L.S.I. 52. See (1966) I Is. L.R. 462.
89 Id., at secs. 2, 3, 4.
90 Id., at sec. 11.
91 Avissar Oded v. Israel Electric Co., Ltd. (1968) P.M. 1 (decision rendered Mar. 6, 1969). The Kanowitz Law extends its protection to persons but not plants, although this point was not raised in the litigation.
92 Israel Electric Co., Ltd. v. Avissar Oded (1968) P.M. 2 (decision rendered May 12, 1968).
93 Id., at p. 3.
94 Id.
95 Avissar Oded v. Israel Electric Co., Ltd. (1968) P.M. 5.
96 Id., at pp. 5, 6.
97 Id.
98 Id., at p. 13.
99 Israel Electric Co. Ltd. v. Oded Avissar (1969) (II) 23 P.D. 314.
100 Id., at p. 318.
101 A.G. v. PYA Quarries, Ltd. [1957] 2 Q.B. 169, 187.
102 Israel Electric Co. Ltd. v. Oded Avissar (1969) (II) 23 P.D. 314, 320.
103 Oded Avissar v. Israel Electric Co. Ltd. (1968) P.M. 2.
104 Id., at pp. 7, 8.
105 Id., at pp. 13, 14.
106 Cooperative House v. Corporate Receiver (1954) 10 P.D. 1104.
107 Oded Avissar v. Isael Electric Co. Ltd. (1968) P.M. 12.
108 Id., at pp. 13, 14.
109 Id., at p. 14.
110 Avissar Oded v. Israel Electric Co. Ltd. (1970) 75 P.M. 3.
111 Id., at p. 7.
112 Id., at p. 10.
113 Id., at p. 14.
114 Id. at p. 15. See also, Terlo, , “Environment and Law in Israel” (1973) 13 Pub. Admin. 11.Google Scholar
115 Id. The question however is not simply loss of life versus loss of industry because power failures also cause loss of life.
116 The IEC appealed the District Court's decision to the Supreme Court. On June 6, 1973, the Supreme Court accepted the plaintiff's withdrawal of his guia timet plea, since a plea for future damages did not represent the actual state of affairs, i.e. the ongoing operation of the plant. The case was then dismissed without prejudice to the plaintiff to bring an action for present damages resulting from operation of the plant. The Court also held that evidence gathered during the deliberations on the quia timet plea could be used in any subsequent action. Telephone conversation with Yedidia Be'eri, counsel for plaintiff, Sept. 2, 1973.
117 Construction of a new power plant in Ashdod has raised environmental issues. See “Fear from Air and Water Pollution in Ashdod”, Ma'ariv, p. 6, col. 4, April 3, 1972.
118 Haifa suffers from the worst concentrations of air pollution in Israel and also the highest rate of respiratory disease among Israeli children. See “The Kishon is Dying, Haifa is Suffocating” Ma'ariv p. 32 col. 1, March 29, 1972.
119 In situations where the choice limitations open to the court are clear, the court may serve a useful function in preventing the spread of pollution. An example in Israel is the Supreme Court's solution of an airport noise pollution problem by requiring expert investigation and study of the problem and adoption, in the form of a permanent injunction on the recommendations of the investigators. Kanowitz v. Supervisor of Civil Aviation (1972) (I) 26 P.D. 589. It is submitted, however, that such an approach only seems to highlight the court's inadequacy in environmental lawsuits. The Supreme Court did not solve the problem; it did not bring the problem to a close as is its function in the legal process. Professor Guido Calabresi of the Yale Law School explains the legal system's built-in inadequacy in pollution suits in an excellent article where he creates a model for “entitlements” in a legal system. Calabresi & Melamed, “Property Rules, Liability Rules and Inalienability: One View of the Cathedral” (1972) 85 Harv. L.R. 1089. Professor Calabresi notes that the courts' major function in pollution litigation is neither (1) to use an injunction whose effects could be disastrous, nor (2) to allow the polluter to pollute at will, with similar effects. Rather the court may place a price on the nuisance in the form of damages and, if the polluter cannot pay the cost of such nuisance, it is not worth polluting. Making this decision by the court, however, is not easy and may have the same disastrous results as (1) and (2) above. The best solution would be to require the polluter to repair the situation technologically and require those who benefit from such repair to pay for it. But reaching this solution properly requires a political and not a judicial decision because of its complexity in the weighing of costs and choice of technological improvement.
120 The Land Law, 1969. See the full text in (1970) 5 Is. L.R. 292.
121 Avissar Oded v. Israel Electric Co. Ltd. (1970) 75 P.M. 3, 12.
122 If they ever did have any meaning. “There is perhaps no more impenetrable jungle in the entire law than that which surrounds the word ‘nuisance’”. Prosser, , The Law of Torts (1964)Google Scholar sec. 29.
123 The term “spaceship-earth” comes from the title of a book by Buckminster Fuller. The concept inspired by spaceship living is that man lives in a limited resource environment and must learn the act of recycling, if he intends to live out the 20th century. What were once considered limitless resources—air and water—may no longer be viewed as such. See Perry, , Our Polluted World (1967) 170.Google Scholar For a discussion of the diseconomies in the use of “unlimited resources”, see e.g., Dolan, , Tanstaafl, The Economic Strategy for Environmental Crises (1971)Google Scholar; Kapp, , Social Costs of Business Enterprises in Controlling Pollution (Goldman, ed., 1967) 82.Google Scholar
124 In a recent article in Ma'ariv, the directors of Machteshim, a significant contributor to air pollution emissions in Beersheba, set out their intention of improving Beersheba air with plant improvements. Questioned as to the effects of pollution from Machteshim, the District Supervisor of the Ministry of Health noted (one hopes ironically): “Until now there have been no known clinical cases as a result of the ecological nuisances caused by Machteshim—air pollution and foul odours”. Ma'ariv p. 6 col. 3, November 26, 1972.
125 Comment, Thermal Electric Power at p. 80.
126 Id., at p. 81.
127 Not to speak of their limitations in scientific analysis. In Round Two of Reading D v. Malraz, the Magistrates' Court judge, after a fine analysis of air pollution causes and remedies, held that the test for determining the maximum height of a smokestack was to limit its height to 2/2 times the height of the nearest tall building. Cf. Civil File 6168/68 (Motion 2087) at p. 7. Actually this test is the one used to prevent aerodynamic downwash from the stack. Brasser, McCormick & Stern Report, supra n. 48 at p. 10. The formula actually used by Brasser and his colleagues to determine the height of the Reading D stack was a bit more complicated. It included stack temperature, exit velocity and stack diameter. Id., at p. 10.
128 Air Navigation Act, 1920, sec. 9 Drayton, , Laws of Palestine III p. 2049Google Scholar, as amended, Flight Law (Regulations Concerning Limitation of Noise from Airplanes) (1967) K.T. no. 2154, p. 476; Road Transport Rules, secs. 7 and 8 Drayton, , Laws of Palestine III p. 2146Google Scholar; Criminal Law Ordinance, 1936, sec. 200.
129 Air Navigation Act, 1920, sec. 9 Drayton, , Laws of Palestine III p. 2049Google Scholar; Criminal Law Ordinance, 1936 secs. 199, 200; Public Health Ordinance, 1940, Supp. I, sec. 52 at p. 238; Operation of Vehicle Law (Motors & Fuel) 1960, ((1960) 15 L.S.I. 8).
130 Abatement of Nuisances Law, 1961, ((1961) 15 L.S.I. 52).
131 See Peranio v. Minister of Health (1972) (I) 21 P.D. 809; Hillel Oppenheimer v. Ministers of Health & Interior (1965) (I) 20 P.D. 309; (1966) 1 Is.L.R. 462.
132 General noise regulations have been promulgated, but without accompanying maximum permissible noise level standards. See Abatement of Nuisances Law (Prevention of Noise) (1966) K.T. no. 1896, p. 2264. But see Ports Ordinance (Prevention of Harmful Noise from Ships) (1972) K.T. no. 2870, p. 1378.
133 Abatement of Nuisances Law (Air Pollution from Vehicles) (1963) K.T. no. 1472, p. 1796; as amended (1963) K.T. no. 1506, p. 92. It may be easy to enforce a black smoke ordinance, but from a health standpoint unseen gases are more dangerous to man. Perry, J., Our Polluted World (1967) 159.Google Scholar
134 The regulations allow an accused person forty-eight hours to remedy the colour of his exhaust. This has limited police initiative under the Law. Interview with Mr. Meltzer, Vice-Mayor of Tel-Aviv-Yafo, in Tel-Aviv, April 30, 1972.
135 Abatement of Nuisances Law (Prevention of Air Pollution from Vehicles) (1972) K.T. no. 2821, p. 790.
136 Recent clinical and field tests show a causal connection between automobile exhaust and heart failure: Ha'aretz, Science Section, p. 4, col. 3, November 24, 1972.
137 Abatement of Nuisances Law (Air Quality) (1971) K.T. no. 2783, p. 380; as amended (1972) K.T. no. 2893, p. 1633; (1972) K.T. no. 2938, p. 360.
138 Abatement of Nuisances Law (Emission of Particulate Matter into the Air) (1972) K.T. no. 2938, p. 361. The amendment may be ineffective, however, because it excludes fly ash as a particulate, while defining fly ash so broadly that it covers all particulates.
139 See O'Fallon, , “Deficiences in the Air Quality Act of 1967” (1968) 33 L. & Contemp. Prob. 275, 277.CrossRefGoogle Scholar
140 (1972) K.T. no. 2927, p. 200.
141 Id.
142 Retroactivity would not be expected, but since present users are exempted under the amendment, a time limitation for use of existing units should have been included in the amendment.
143 See discussion, supra p. 498.
144 Of “Après moi le déluge” fame.
145 The Law, by requiring local plans before district or national plans seemed to the Supreme Court to contradict the concept of a national planning scheme. See City of Bat Yam v. Dist. Planning Comm. of Tel-Aviv-Yafo (1967) (II) 21 P.D. 485.
146 E.g., Jerusalem plan.
147 Address by Haim Kubersky, Director General of the Ministry of Interior, to Conference of Lawyers from Local Authorities, April 4, 1972.
148 Sec. 93. Also there are special requirements for building in public parks. See sec. 158.
149 National Council Decision 70–71, March 2, 1970.
150 Signed by H.M. Shapira on March 2, 1970.
151 Report of the Council for Siting a Power Plant in 1976 (1971).
152 This failure on the part of the committee shows (1) their bias toward electric power needs and its precedence over the environment, and (2) the weakness of the National Planning Council, for it must rely on the report.
153 Letter to Professor Hill from U. Marinov, National Council for Research and Development, April 10, 1972.
154 The various mayors of local councils whose towns were considered as potential sites were heard. Silverstone Interview. Cf., the ombudsman type of approach to siting problems in Krier, , “Environmental Watchdogs: Some Lessons from a ‘Study’ Council” (1971) 23 Stan. L.R. 623.CrossRefGoogle Scholar
155 This method has been approved by a United States study council. Energy Policy Staff at p. 14. The objection to such an approach in Israel is that it undermines the concept of state planning. Overall state planning includes study of energy sources and uses, and such study should be initiated by the National Planning Council, not by the IEC, and it should consider the entire energy picture in Israel, not simply electricity needs and uses.
156 Phillip Sporn, Sporn and Smith Report.