Christopher Schuler, christopher.schuler@sierraclub.org
Tim Touhy, ttouhy@chicagoriver.org
CHICAGO, IL – Cook County Circuit Court Judge Thaddeus L. Wilson ruled Monday 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% 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.”
“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,” said Sierra Club Illinois Director Jack Darin. “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 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.
“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,” said Frisbie.
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
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About the Sierra Club
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.