Wisconsin v. Illinois

Background

A group of States had brought a case about the diversion of waters from the Great Lakes–St. Lawrence system and objections tied to sewage and river control in the Chicago area. The Sanitary District of Chicago and the State of Illinois were central to the dispute. The Court enlarged an earlier decree of April 21, 1930, and added a provision requiring Illinois to take all steps needed — including authorizations, funding arrangements, and building works — so sewage from the Sanitary District would be properly treated and disposed and so reversals of the Chicago River would be prevented if necessary.

Reasoning

The practical question the Court addressed was whether Illinois must complete infrastructure and legal steps to remove any valid objections to reducing diversion of Great Lakes waters. The Court ordered Illinois to secure completion of adequate sewage treatment and disposal plants, sewers, and any controlling works needed to prevent river reversals, and to take incidental actions to finance and authorize those works. Illinois was required to file a report with the Clerk of the Court by October 2, 1933, describing its compliance. Except for this required action, the Court denied the relief sought by the complaining States, and it assessed costs and Special Master expenses against the defendants.

Real world impact

The order forces Illinois and the Sanitary District to plan, fund, and complete major sewage and river-control projects to allow a reduced diversion of Great Lakes water as set out in the decree. It creates a firm deadline for a compliance report and shifts litigation costs to the defendants, while otherwise refusing the broader relief the complaining States sought.