City of Des Plaines v. Chicago & North Western Railway Co.
65 Ill. 2d 1, 2 Ill. Dec. 266, 357 N.E.2d 433 (1976)
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Rule of Law:
The regulation of environmental matters with regional effects, such as noise pollution, is a matter of statewide concern and does not pertain to the government and affairs of a home rule municipality; therefore, a local ordinance attempting such regulation is an invalid exercise of home rule power under the Illinois Constitution.
Facts:
- Chicago and North Western Railway Company (North Western) operates a commuter rail service and maintains a rail yard in the City of Des Plaines.
- In this yard, North Western stores four diesel locomotives and numerous passenger cars overnight.
- Each weekday morning, starting before 6:40 a.m., the locomotives are started up and prepared for departure.
- Depending on weather conditions, the diesel locomotives are sometimes left running at idle overnight.
- The process of starting and running the locomotives generates significant noise, which was the subject of complaints.
- The City of Des Plaines, a home rule municipality, enacted a local 'Control of Unwanted Noises' ordinance.
- The alleged violations of this ordinance by North Western occurred in November 1973.
Procedural Posture:
- The City of Des Plaines served complaints on Chicago and North Western Railway Company, charging violations of a municipal noise ordinance.
- In a bench trial at the circuit court of Cook County, North Western was found guilty of 18 violations and fined.
- North Western, as appellant, appealed to the intermediate appellate court.
- The appellate court affirmed the judgment of the trial court in favor of the City of Des Plaines, the appellee.
- The Supreme Court of Illinois granted North Western leave to appeal.
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Issue:
Does a home rule municipality's ordinance regulating noise pollution emissions represent a valid exercise of its power under the Illinois Constitution to regulate matters pertaining to its government and affairs?
Opinions:
Majority - Justice Kluczynski
No. The attempt by the Des Plaines ordinance to regulate noise pollution emissions is not within the home rule power granted by section 6(a) of article VII of the 1970 Constitution. The court reasoned that noise pollution is not a matter of purely local concern, as it extends beyond municipal boundaries, much like air and water pollution. Citing the Illinois Constitutional Convention debates and the legislative findings of the Environmental Protection Act, the court determined that environmental control requires uniform, statewide standards. Because noise pollution is a regional problem, it is not a matter 'pertaining to its government and affairs' of a single municipality, and thus the local ordinance is an invalid exercise of home rule authority.
Dissenting - Justice Ryan
Yes. The ordinance should be considered a valid concurrent exercise of power. The dissent argues that the majority's preemption doctrine imposes an 'impossible burden' on the State's Environmental Protection Agency to police all local noise violations throughout Illinois. It points out that at the time of the violations, the state's noise regulations were not yet effective due to a grace period, leaving a regulatory vacuum. The dissent advocates for allowing local governments to act concurrently with the state to control noise pollution, warning that the majority's decision effectively invalidates numerous common local ordinances against noise, such as those for honking horns and noisy mufflers.
Dissenting - Chief Justice Ward
Yes. Local governmental units should be able to act concurrently with the State in the environmental protection field. The dissent highlights the 'anomalous' consequence that the majority's holding leaves even large home rule cities, like Chicago, 'utterly without authority' to protect their citizens from environmental harm. It argues that allowing concurrent jurisdiction, while sometimes presenting difficulties, is preferable to stripping local governments of all power to address environmental problems within their communities. Every municipality must now depend solely on the State's interest and action for environmental protection.
Analysis:
This decision significantly limits the power of home rule municipalities in Illinois to regulate environmental matters. By classifying noise pollution as a matter of statewide concern that does not 'pertain to the government and affairs' of a local unit, the court effectively removed this area from local control. The ruling establishes a precedent that for issues with regional or statewide impact, a unified state regulatory scheme supersedes local ordinances, even those enacted under home rule authority. This forces a reliance on state-level enforcement for environmental issues and prevents municipalities from enacting their own, potentially stricter, standards.
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