The Supreme Court rejected the Haifa Municipality’s petition against the order exempting the building permit granted by the Prime Minister for the rehabilitation of electricity generation facilities in the Haifa refinery complex. The ruling, issued by Judge Ruth Ronen today (Tuesday, 12/5/26), and with the concurrence of Judges Ofer Grosskopf and Alex Stein, determined that the order complies with the terms of the law and that the need to reconstruct the facilities damaged by a missile strike during Operation “With a Dog” justifies the exercise of emergency powers.
Background: Direct damage to the ZAN complex and disruption of the electricity supply
In June 2025, a missile hit the BZN complex, killing three workers and damaging electricity generation facilities. The attack led to the shutdown of BZN's internal power plant, a vital facility that ensures the continuous operation of the refineries, which supply over two-thirds of Israel's fuel consumption.
As written in the ruling: “A sudden cessation of activity at the BAZN facilities could damage its facilities… and cause the refinery to stop operating for a long period of time.”.
After examining various alternatives, the National Planning and Building Council recommended approving the construction of alternative gas turbines exempt from the permit, a move approved by the Prime Minister in November 2025.
Petitioners' claims: planning circumvention, environmental damage, and hasty procedure
The Haifa Municipality and environmental associations claimed that the order effectively allows the construction of a new power plant without a permit, bypassing mandatory master plans and in a hasty process that did not allow for in-depth environmental and planning review.
The petitioner emphasized that the plan initiated at the ZEN complex requires an environmental impact assessment and a detailed plan for each facility with a significant environmental impact.
The state and BAZN position: “The need is urgent, the fix is temporary, and emissions will decrease”
The state claimed that this was a project of national importance and urgency, and that without the exemption, the facilities could not be rehabilitated in the required time. The State added that the new turbines are temporary, can be dismantled, and replace a destroyed facility, not expand it.
The Ministry of Environmental Protection noted that nitrogen oxide emissions “Will be approximately 20% lower than before the impact”.
High Court ruling: The conditions in the law were met — and the turbines are temporary
The court determined that all the conditions were met for the activation of Section 266E(b) of the Planning and Building Law, which allows for exemption from the permit in cases of “national importance and urgency.”
The key points in the decision:
- The rehabilitation of the refineries is a project of national importance.
- There is an urgent need to establish the facilities to ensure a continuous fuel supply.
- The jobs are temporary and limited to 36 months.
- The turbines can be dismantled and do not hinder the implementation of TAMA 75 for the future evacuation of the nuclear power plant.
- This is about replacing a destroyed facility, not building a new facility.
The court noted that “The turbines that will be built are temporary turbines… and the order is valid for only 36 months”.
The second petition was deleted — Haifa Municipality was left alone
During the hearing, the petitioners withdrew their petition in a parallel petition (Magma Yaroka and the Tzlull Association), but the Haifa Municipality maintained its petition and it was rejected.
Summary: The exemption remains, the work will continue.
The ruling significantly strengthens the position of the state and the BZN, and allows for the continued rehabilitation of the electricity generation facilities in the complex. The High Court ruled that the decision was made lawfully, after examining alternatives and in accordance with a clear national need.
Did the article interest you?
Not that I'm in favor of a polluting petrochemical industry... But, Israel is not Saudi Arabia, which has endless money from oil, so we can forgo some facilities. Israel is a small and poor country in terms of natural resources (apart from the Dead Sea, we have nothing in terms of population) and the refineries are the only ones in the field of heavy industry that we do have... So dismantling and moving them to the desert is a very serious blow.
Now the refineries were built by the British during the Mandate period… All those complaining about pollution in the Gulf, who asked you to buy an apartment 2 meters in front of the refineries? What did you see the refineries and say to yourself, “Here’s a good place to live for 70 years.”?
It's not like they built luxury neighborhoods in Kiryat Haim and Kiryat Ata and suddenly one day they built all these polluting factories in front of your house. You are the fools who bought (probably cheaply) apartments from greedy contractors who built there in the 60s and 70s.
So just move as long as you live.
Didn't they say they would have to close the BAZN and move it to Dimona?
There was euphoria that the petrochemical industry was being evacuated from the Gulf.
The euphoria is over. The risk will remain and even expand.
Israel's geopolitical and military situation does not allow for the evacuation of this industry in the coming decades.
This is just like marketing the lie "evacuating the Bat Galim synagogue." The synagogue will not be vacated for another 30 years.
Distinguish between propaganda and reality. In reality, it is too expensive and there is no alternative to where to move these industries.
The situation in Haifa will only get worse because of the Israeli occupation of the entire Haifa Bay. Any place that is not a petrochemical plant will become giant tanks for storing chemical weapons around the Kishon.
Simply a terrible ruling. Apparently the government and the court are not interested in the health of the residents of Haifa and the Krayot. The judge has probably never been to Haifa to check how many asthma patients there were and are in Haifa and the Krayot. Since it existed, the municipality and all the bodies for preserving the air in Haifa and purifying it have not given up and continued to fight for the benefit of the residents.
In one of the most densely populated areas in Israel, the public is about to be significantly endangered.
Air pollution (NOx and particulates): Gas turbines emit nitrogen oxides that are linked to lung damage, heart disease, stroke, and increased asthma rates. Industrial noise: Mobile turbines produce low-frequency noise. Exposure to noise above 40-45 decibels at night (World Health Organization recommendation) may cause mental distress, sleep disorders, and chronic fatigue. Soil and water pollution: There is a concern about the leakage of hazardous materials in the event of a malfunction. Impact of "mobile turbines" (Simple Cycle) Mobile turbines operated using the "open cycle" method (Simple Cycle) are less efficient than combined cycle turbines (combined cycle) and emit more pollutants per unit of energy. Because they are "mobile" (containers), their acoustic insulation is sometimes less effective than in permanent stations.
People are indifferent. They don't care. They don't go out to protest. No wonder they are criticizing the residents of Haifa and the suburbs who are indifferent to their health.
If the locals don't care then...
There's no way the refineries will ever empty.
It's interesting if the wealthy lived in Haifa...they would also rule the same thing...
You understand that this is how you promote the Gulf Gate plan… it won’t happen in real life.
They are just lying to the public that the government has decided that the refineries will be evacuated. They are lying to us.
The High Court simply puts a face to the public against the lie that the refineries are going to be evacuated.
Lapid and Bennett lied to the public with a decision that no one intends to implement.
Enough.