Sanitary District of Chicago v. United States
Headline: Court upholds federal power to limit Chicago’s diversion from Lake Michigan, enjoining excess withdrawals to protect Great Lakes water levels while keeping the canal open for sewage disposal.
Holding:
- Restricts Chicago’s canal withdrawals to protect Great Lakes water levels.
- Allows federal government to block state plans that lower navigable waters.
- Leaves canal open but limits how much lake water may be diverted.
Summary
Background
The federal government sued the agency that runs Chicago’s sewage canal to stop it from drawing more than 250,000 cubic feet of water per minute from Lake Michigan. The complaint says the city has been taking far more—between 400,000 and 600,000 cubic feet per minute—which lowers lake and connected river levels and could obstruct navigation. The Sanitary District points to an Illinois law authorizing much larger withdrawals and says the extra flow is needed to carry away sewage and protect public health.
Reasoning
The central question was whether the United States may limit how much water the canal can divert from navigable waters. The Court relied on a federal law (March 3, 1899) that bars changes to the navigable capacity of U.S. waters unless approved by the Secretary of War. The Secretary had issued and later modified several permits, ultimately refusing to allow a permanent increase and setting 250,000 cubic feet per minute as a controlled level. The Court held the federal government has the sovereign power to protect navigation, to meet treaty obligations about boundary waters, and to revoke or limit licenses; the Sanitary District cannot claim that prior state authorization or past permits stop the United States from acting.
Real world impact
The Court affirmed an injunction limiting withdrawals to the authorized amount, to take effect in sixty days, but did not order the canal closed. The decision protects Great Lakes levels and navigation, may force Chicago to change sewage disposal plans, and leaves open the possibility that the Secretary of War could lawfully grant different permits later.
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