Christopher Schuler, Sierra Club, 704-497-5922, christopher.schuler@sierraclub.org
Tim Touhy, Friends of the Chicago River, 773-418-3032, ttouhy@chicagoriver.org
Chicago, IL – Chicago’s Trump International Hotel & Tower has agreed to cease its illegal killing of aquatic life, bring its water intake structure into compliance with the Clean Water Act (CWA), and pay a record $4.8 million settlement after years of operating in violation of federal and state environmental law. The settlement is the result of a lawsuit filed by Friends of the Chicago River, the Sierra Club, and the Illinois Attorney General in 2018 after the Sierra Club discovered the Trump Tower cooling water intake violated state and federal law during a routine permit review.
In addition to agreeing to take numerous steps to come into compliance with the CWA and Illinois Environmental Protection Act, Trump Tower has agreed to pay $1.5 million dollars in penalties to the state, $300,000 in attorneys fees, and $3 million dollars toward a Supplemental Environmental Project (SEP). The SEP is an allowable enforcement alternative that directs funds into tangible environmental improvements in the affected area related to the violation. Friends of the Chicago River will administer and implement the SEP to create new fish habitat in the Chicago River and mitigate the harm to fish and other aquatic life caused by years of violation. The $4.8 million total appears to be the largest Clean Water Act settlement in Illinois state court history.
Cook County Circuit Court Judge Thaddeus L. Wilson previously ruled last September that the Trump Tower violated and is in violation of the CWA and 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 even before the building opened in 2008. The judge ruled that the evidence was uncontested that 401 N. Wabash, operating as Trump Tower, was liable on all remaining counts brought by the plaintiffs in this long-running litigation. Through its illegal operations, Trump Tower was killing hundreds of thousands of aquatic organisms and substantially misreporting its environmental impact.
“Friends of the Chicago River is extremely pleased that much of the money to be realized with this settlement can be used to create and restore habitat in downtown Chicago for fish and other aquatic wildlife,” said Margaret Frisbie, executive director of Friends of the Chicago River. “Friends will work closely with the Illinois Environmental Protection Agency and the City of Chicago to assure the benefits of the settlement are brought home and the healing process can begin.”
Founded in 1979, Friends of the Chicago River is the only organization solely dedicated to the Chicago-Calumet River system.
Trump Tower is capable of drawing in an estimated 21 million gallons of water from the Chicago River every day to cool the building, but ignored and violated federal and state laws and regulations that require buildings to use systems designed to minimize impacts on aquatic life; accurately report water use, and do so under properly secured permits.
“Today is a great day for Chicago, and the terms of this agreement are an important step forward in protecting the Chicago River and holding polluters accountable,” said Jack Darin, Sierra Club Illinois Chapter Director. “We applaud Attorney General Raoul and the public interest attorneys who won justice for our Chicago River. This vigilant defense of our water, air, and land is more important now than ever, as our federal government’s ability to crack down on polluters is disappearing before our very eyes.”
Trump Tower is one of the largest users of water from the Chicago River for cooling, and failing to follow federal 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. 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.
“This case is a clear example of the importance of the participation of public interest environmental organizations, law clinics, and states in the enforcement of the Clean Water Act and other environmental laws at a time of reduced enforcement by the federal government," said Albert Ettinger, who represented Friends of the Chicago River and Sierra Club with Robert Weinstock and other public interest attorneys.
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.