Judge Rules Trump International
Violated Illinois Environmental
Protection Act
Hotel and Tower Found Liable on All Counts
CHICAGO - (SIERRA CLUB) – 9/12/24 - Cook County Circuit Court Judge Thaddeus L. Wilson ruled recently
that the Trump International Hotel & Tower violated and is in
violation of the Illinois Environmental Protection Act and committed a
continuing public nuisance through a series of failures to comply with
state and federal law dating back to 2008. The judge ruled that the
evidence was uncontested that Trump Tower, operating as 401 N. Wabash,
is liable on all remaining counts brought by Friends of the Chicago
River, the Sierra Club Illinois Chapter, and the State of Illinois in
this long-running litigation.
Friends, the Sierra Club, and the
Illinois Attorney General filed the lawsuit in 2018 after Friends and
the Sierra Club discovered the Trump Tower cooling water intake permit
violations during a routine permit review. The Trump Tower can draw in
up to about 21 million gallons of water from the Chicago River every day
to cool the building. Trump Tower ignored and violated federal and
state laws and regulations that require buildings using systems like
Trump Tower’s to be designed to minimize impacts on aquatic life, secure
permits, operate with protective measures that minimize damage to fish
and other aquatic organisms from water intake structures, and prevent
harmful heat pollution from its discharges back to the river. A 2018
Chicago Tribune survey found no other cooling intake permits holders had
similarly violated the applicable rules.
The Trump Tower is one
of the largest users of water from the Chicago River for cooling and
failing to follow the permit requirements resulted in the death of
thousands of fish and other aquatic organisms which were sucked into the
building cooling system by the intake structure or trapped against its
screens. The Trump Tower also failed to accurately compute and report
the rate at which the skyscraper’s cooling system withdraws water by
approximately 44 percent for more than 10 years. By ruling on the summary
judgment, Judge Wilson found that the Trump Tower could not even
genuinely dispute that it was in violation of the applicable laws and
creating a public nuisance.
“Judge Wilson’s decision brings us
close to the end of a six-year journey to bring justice to the wildlife
for whom these laws were designed to protect and the people who enjoy
this wildlife,” said Margaret Frisbie, Friends of the Chicago River’s executive director.
“The Trump Tower’s complete disregard for the rules carelessly killed
countless creatures and degraded the value of the significant public
investments over decades to bring about the healthy transformation of
the river for people, fish, and other aquatic wildlife.”
Friends
of the Chicago River and Sierra Club Illinois Chapter are represented
in this action by Albert Ettinger; the Abrams Environmental Law Clinic
at the University of Chicago Law School; and the Environmental Advocacy
Center at the Northwestern Pritzker School of Law. Rob Weinstock of the
Northwestern Pritzker School of Law argued the case for Friends of the
Chicago River and Sierra Club.
“The
recovery of the Chicago River into the healthy heart of our downtown is a
major accomplishment for the people of Chicago and the Clean Water
Act,” Sierra Club Illinois Director Jack Darin said.
Friends of the Chicago River was founded in 1979 to protect and restore the Chicago-Calumet River system for all people, water, and wildlife. Supported by 43,000 members, volunteers, and online activists and recognized by more than 50 awards in 45 years, Friends of the Chicago River is at the forefront of the river’s recovery and renaissance and is the only organization exclusively dedicated to the river and its watershed. For more information, vision chicagoriver.org
“Trump Tower openly violated the Clean Water Act for years, putting the
river and the wildlife that call it home at risk. We’re proud to hold
these scofflaws accountable, and applaud our pro bono attorneys and the
Attorney General for stepping up to protect our river and its recovery. Friends and Sierra Club look
forward to further proceedings that will determine how best to restore
and protect the Chicago River and uphold the Clean Water Act and the
Illinois Environmental Protection Act,” Frisbie said.
The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.
