Chicago – Attorney General Kwame Raoul today announced his office has reached a settlement with 401 North Wabash Venture LLC, known as Trump International Hotel & Tower. Once approved by a judge, the settlement will resolve violations of the Illinois Environmental Protection Act and Illinois Pollution Control Board regulations relating to the building’s cooling water intake system, which uses water from the Chicago River.
“The Chicago River is one of our city’s most treasured natural resources, and future generations should benefit from the opportunities for recreation and commerce it provides,” Raoul said. “I am pleased to have reached this agreement, which will protect the Chicago River and the important habitat that it provides to local wildlife. I am committed to continuing to vigorously enforce our environmental laws.”
“The proposed settlement represents years of work by the Illinois Attorney General’s Office and Illinois EPA’s legal and technical staff to hold 401 North Wabash Venture LLC responsible for its failure to follow Illinois environmental laws,” said Illinois EPA Acting Director James Jennings. “Trump Tower showed a disregard for the environment through its daily discharge operations, which violated the Illinois Environmental Protection Act and Illinois Pollution Control Regulations. It is only appropriate that this settlement directly benefit the Chicago River and the local habitats of its aquatic life.”
The federal Clean Water Act regulates cooling water intake structures because they withdraw large volumes of water into a building’s cooling system, pulling in fish and other aquatic life with it. Fish and other aquatic organisms can also get trapped against intake screens. The building at 401 North Wabash, located along the Chicago River, operates a cooling water intake system capable of pulling more than 20 million gallons of water from the river per day to cool the building’s heating, ventilation and air conditioning system.
In 2018, the Illinois Attorney General’s office filed a lawsuit against 401 North Wabash Venture LLC based on a referral from the Illinois Environmental Protection Agency (IEPA). The lawsuit alleged 401 North Wabash Venture LLC failed to obtain the necessary permit and submit information to the IEPA that is required to demonstrate compliance with federal regulations related to operation of the building’s cooling water intake system. Also in 2018, the Sierra Club and Friends of the Chicago River filed an intervening lawsuit against 401 North Wabash Venture LLC over continuing violations of the Clean Water Act and creating a public nuisance.
The proposed settlement comes after a Cook County Circuit Court judge in September 2024 granted Raoul’s office’s motion for summary judgment, finding that 401 North Wabash Venture LLC violated both the Illinois Environmental Protection Act and Illinois Pollution Control Board regulations and created a public nuisance.
Under the proposed agreement, 401 North Wabash Venture LLC will pay $4.8 million, including $1.5 million in civil penalties and $3 million for a supplemental environmental project (SEP), which will involve restoring the Chicago River habitat for fish and aquatic life. The defendant will also pay $300,000 for litigation costs. The settlement requires the installation of flow meters to monitor the volume of heated water it discharges into the river. A third party will audit the accuracy of the meters, and monthly monitoring data will be shared with all parties in the case. In addition, 401 North Wabash Venture LLC will make changes to its cooling system to prevent aquatic life from becoming trapped.
The agreement is now subject to a 30-day public comment period, after which it will be submitted to a judge for approval.
Supervising Attorney Elizabeth Dubats, Senior Assistant Attorney General Christopher Grant, and Assistant Attorneys General Ann Marie Hanohano, Rebecca Kanz and Molly Kordas handled the case for Raoul’s Environmental Bureau.
