Trump International Hotel & Tower building in Chicago, Illinois (WPWR).
An Illinois judge ruled Monday that the Trump International Hotel & Tower has committed a continuing public nuisance by discharging millions of gallons of water daily into the Chicago River, harming wildlife, and violating state and federal environmental regulations.
The building, Trump International Hotel & Tower, operates as 401 North Wabash Venture LLC, and is located along the Chicago River. In 2018, the state of Illinois, along with advocacy groups Friends of the Chicago River and the Sierra Club Illinois Chapter, sued after a routine permit review revealed that Trump Tower was violating various codes by using more than 20 million gallons of water per day from the Chicago River to cool the building.
Because the building takes in such a large amount of water daily, there is significant risk that large volumes of fish and other aquatic life can be pulled into the building’s cooling system or get trapped against intake screens. Accordingly, state and federal regulations require that buildings like Trump Tower use cooling systems that minimize impact on aquatic life. Illinois Attorney General Kwame Raoul and the lawsuit’s other plaintiffs argued that Trump Tower simply ignored the requirements.
The lawsuit alleged Trump Tower violated the Clean Water Act by failing to obtain the necessary permit and failing to submit information to Illinois regulatory authorities. The lawsuit has taken several turns since its initial filing.
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In 2018, Raoul entered into an interim agreement with Trump Tower in which the building agreed to follow the terms of its expired National Pollutant Discharge Elimination System permit and to report the average daily volume of heated water it discharges into the Chicago River every month.
Later, Raoul amended the lawsuit after discovering that Trump Tower had been underreporting the volume of heated water it was dumping into the river for over a decade.
Cook County Circuit Court Judge Thaddeus L. Wilson granted summary judgment in the case in favor of the plaintiffs and ruled that uncontested evidence showed without any genuine dispute that Trump Tower liable for violating the laws and creating a public nuisance. In a five-page order, Wilson found Trump Tower to be liable on all counts.
“Defendant has created and continues to create a public nuisance in violation of Illinois law by operating its CWIS in a manner that substantially and unreasonably interferes with the public right to fish and otherwise recreate in the Chicago River,” Wilson wrote. “The Court further finds that none of the matters raised in any of Defendant’s purported affirmative defenses to Plaintiff-Intervenors’ public nuisance claim provides any valid legal or factual basis to deny summary judgment to Plaintiff-Intervenors’ on that claim.”
Raoul issued a statement Wednesday praising Wilson’s decision.
“The Chicago River is one of our city’s most treasured natural resources, providing opportunities for recreation and commerce. For years, Trump Tower failed to follow state and federal regulations that protect the health of the Chicago River and the balance of critical aquatic ecosystems therein,” Raoul said. “All entities — no matter who they are — must be held accountable when they willfully disregard our laws. I am pleased with this decision, and I am committed to continuing to vigorously enforce our environmental laws.”
“The agency is pleased with the court’s ruling and will continue our work with the Illinois Attorney General’s office to ensure Trump Tower is held accountable for its numerous violations of Illinois law,” said Illinois EPA Interim Director James Jennings. “For years, Trump Tower failed to follow state and federal regulations that protect the health of the Chicago River and the balance of critical aquatic ecosystems therein.”
“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, in a statement . “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.”
Likewise, Sierra Club Illinois Director Jack Darin said, “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.”
“Trump Tower openly violated the Clean Water Act for years, putting the river and the wildlife that call it home at risk,” Darin added. “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.”
Raoul said Wednesday that construction of the Trump Tower facility began in 2005 without having obtained a permit for authorizing discharges into the river. Raoul said that although legal action at the time was settled and Trump Tower was ordered to pay a fine, the building later engaged in a long-standing policy of misreporting the volume of water being withdrawn and discharged into the Chicago River.
Raoul’s office said it is seeking civil penalties and injunctive relief for Trump Tower’s environmental violations and that a hearing to determine Trump Tower’s penalty is scheduled for Nov. 4, 2024 — the day before Election Day.
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The post ‘Carelessly killed countless creatures’: Trump Tower declared ‘public nuisance’ after ‘scofflaws’ violated Clean Water Act for years first appeared on Law & Crime .
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