Judge ruled this week that Trump Tower’s cooling-water intake system is a public nuisance that kills thousands of fish every year because it illegally sucked in contaminated water.
In February, Chicago Circuit Judge Thaddeus L. Wilson ruled that the building operator had violated environmental laws contrary to the Illinois Attorney General’s office and a pair of environmental research organizations.
There are at least three violations of state laws at 401 N. Wabash Ave., including operating without a proper environmental permit and not reporting correct water discharge levels.
Based on Wilson’s findings, these facts are “well founded” and “not materially challenged.”
It was ordered Monday by the judge that Trump Tower had created and continues to create a public nuisance in violation of Illinois law, and that the intake system interferes “substantially and unreasonably with public rights to fish and otherwise recreation along the Chicago River.”
Raoul’s predecessor Lisa Madigan, Friends of the Chicago River and Sierra Club initially filed a lawsuit against the Trump building in 2018. That complaint was amended and refiled almost a year ago.
The Trump Tower in Chicago opened in 2009 amid much fanfare as Donald Trump ran against Kamala Harris for the White House.
However, environmental advocates claim victory despite the fact that there are still more court dates to come.
Friends of the Chicago River’s executive director Margaret Frisbie said the company was able to kill more fish than what would normally be permitted. “This decision represents the end of a six-year journey for us.”
In addition to fish, Frisbie’s organization estimates that the cooling system of Trump Tower sucked in thousands of other aquatic creatures.
“Trump Tower has litigated this case by pretending the rules don’t exist or that basic facts aren’t what they obviously are,” said Robert Weinstock, who represented the Sierra Club and Friends of the Chicago River through Northwestern University’s Environmental Advocacy Center. “The court’s ruling forces them to live in reality and comply with the law like everyone else.”
The building draws up to 20 million gallons of water from the Chicago River every day to help cool the building.
Because of the amount of water the building draws in, it is subject to federal and state requirements aimed at protecting the river and its fish.
“Trump Tower failed to follow state and federal regulations that protect the health of the Chicago River,” Raoul said in a statement. “All entities – no matter who they are – must be held accountable when they willfully disregard our laws.”
If the two sides don’t settle, there will need to be additional hearings to determine steps to take so the building can be in compliance with the law.
Raoul said he will also seek a civil penalty that will be assessed later.
A lawyer representing Trump Tower didn’t return calls seeking comment.
“We’ll be monitoring to make sure they obey the law,” said Jack Darin, director of Sierra Club Illinois, who said he’s “proud to hold these scofflaws accountable.”
