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Federal Court Determines Evanston Claims in James Park Case Must Go Forward

EVANSTON, ILLINOIS - The City of Evanston's Law Department today released the following statement regarding the City's federal environmental lawsuit against Nicor and ComEd:

"Today, the federal court determined that the City of Evanston's claims against Nicor and ComEd must go forward in the federal environmental lawsuit. Nicor and ComEd spent tremendous energy and money to defeat the City’s Amended Complaint. They failed. Nicor and ComEd must now answer the City’s Complaint.

The court indicated that five causes of action against the defendants can continue. One count (Count II) for a local ordinance violation was dismissed, however, the court made it clear that the City could refile that count if it wanted to.

The minute order and the memorandum opinion are provided.

The pending claims are:

• Count I – RCRA, the federal environmental statute
• Count III – Trespass
• Count IV – Private Nuisance
• Count V – Public Nuisance
• Count VI – Breach of Contract (Nicor Franchise)

The potential damages that could be imposed against Nicor and ComEd are substantial. The City is entitled under federal law to have all attorneys’ fees and expert consultant fees reimbursed. The City will also seek punitive damages against both entities, which Judge Lee expressly indicated that the City could pursue. This is all in addition to Nicor and ComEd paying for any necessary remediation activities."

For more information and for documents related to the lawsuit, visit cityofevanston.org.

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