The future of the Obama Presidential Center in Chicago’s Jackson Park took center stage at the Seventh Circuit court recently. According to a report by Bloomberg Law, the center, construction of which started two years ago, is facing legal challenges from environmental groups contesting the land use agreement between the city and the Obama Foundation. Bloomberg’s coverage of the court proceedings suggest that the judges seemed unlikely to halt the construction process.
Environmental group Protect Our Parks has voiced the contention that the agreement violated the public trust doctrine, an assertion that met heavy skeptical questioning in court. The Doctrine, a legal principle born out of English Common Law, contends that certain resources are preserved for public use and that the government is obliged to maintain them for the public’s reasonable use. This principle serves as the foundation of their legal argument. Illinois Gov. J.B. Pritzker and former President Barack Obama broke ground on the $850 million project two years ago.
The attorney representing Protect Our Parks, Richard Epstein, who also happens to be a law professor at New York University, faced pointed questions during the oral arguments. Judge David F. Hamilton, notably, asked, “If this case is not moot, what would injunctive relief look like?” Epstein’s response was firm: he stated that they wanted to “stop all construction until they are in compliance with the public trust doctrine”. Moreover, the group requested for a “complete environmental impact statement to be performed”.
Legal professionals and corporations watching this case unfold have observed the judges’ reactions and queries with great interest, given the potential precedent it could set. This case reaffirms the increasing trend where large-scale development projects confront legal challenges based on environmental factors, a reality that all future developments might have to contend with.