ELR Citation: ELR 20228
No(s). 71 C 1054 (N.D. Ill. Mar 6, 1973)

A Chicago ordinance that prohibits the sale of detergents containing phosphates is unconstitutional because Chicago's interest in protecting its surrounding waterways and Lake Michigan do not outweigh the burden the ordinance places on interstate commerce. The costs and practical difficulties of manufacturing and distributing two varieties of the same product for the Chicago area impose a great burden on detergent industries and seriously disrupt interstate commerce. The city can advance no interest which outweighs this disruption. Natural conditions in the surrounding waterways prevent the harmful environmental consequences that often accompany the discharge of phosphates, and therefore, the ordinance has no beneficial effect on those waterways. Even if these natural conditions were not present, the 50% reduction of phosphates in Chicago's effluent accomplished by the ordinance still leave the phosphate level in surrounding waterways 25 times greater than the level at which phosphate reduction would have a beneficial environmental effect. Furthermore, although Chicago has a legitimate interest in preventing the environmental degradation of Lake Michigan, and phosphate reduction in Lake Michigan would have a beneficial environmental effect, this interest is not sufficient to justify the ordinance's burden on interstate commerce, because Chicago's contribution to the total amount of phosphates discharged into Lake Michigan each year is negligible.

Counsel for Plaintiffs
Allan J. Topol
Covington & Burling
888 Sixteenth Street, NW
Washington, DC 20006

Pierson, Ball & Dowd
1000 Ring Building
Washington, DC 20036

Chadwell, Keck, Kayser & Ruggles
135 South LaSalle Street
Chicago, IL 60603

Counsel for Defendant
Henry F. Weber Corporation Council
City Hall, Room 511
Chicago, IL 60602