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The Government's Filing in Response to the Petition: Pages 1, 2, 3 and 4 [PDF]

Interim High Court of Justice Ruling 28th September 2005 [PDF]

Zell Goldberg Petitions High Court of Justice On Environmental Issues

September 11, 2005: Zell, Goldberg today filed a High Court of Justice Petition seeking a Show Cause order in connection with the government's failure to comply with international environmental law as well with as international and regional marine pollution agreements in connection with the implementation of the Government's unilateral disengagement plan from the Gaza District.

Hours before the government of Israel was to hand over control of the Gaza District to the Palestinians, Zell, Goldberg acting on behalf of three university professors petitioned the High Court of Justice for an order requiring the government to show cause why it had failed to take ecological and environmental impacts into account in fashioning the disengagement plan.

The petition was supported by expert opinions by one of Israel's leading environmental experts, Professor Haim Gvirtzman of Hebrew University and Professor Steve Brenner, the country's foremost expert on Mediterranean ocean currents.

The expert opinions raised serious concerns that, upon Israel's departure from the Gaza District, it will lose the ability to control the disposition of millions of tons of raw sewage generated by the municipalities of Gaza City, Khan Yunis and Rafah, which could be released into the Mediterranean whence it would be carried to Israeli coastal waters off Ashkelon, Ashdod and even Tel Aviv_Jaffa, thereby threatening the health of thousands of residents in those congested areas.

While the High Court did not agree to issue an immediate show cause order because of the imminent departure of Israeli forces from Gaza, it did order the State to file a response within 15 days.

This case marks the first time the courts have been asked to review the disengagement program from an environmental perspective.

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