The lawyers for the plaintiffs in a case over a proposed barge fleeting operation don’t think Illinois Attorney General Kwame Raoul is qualified to represent the defendants. The defendants are Raoul’s office, Gov. Pritzker, and the Illinois Department of Natural Resources. A court filing says Raoul and Pritzker are required by law to fight the proposal, and since Raoul’s office is defending it, there’s a conflict.
Grundy County Judge Sheldon Sobol plans a hearing in February. Attorneys on each side will file arguments for Sobol to consider in the meantime. Sobol has already ruled that IDNR doesn’t have authority to issue a permit for the barge fleeting operation which would require a structure to be built in the Illinois River. He referenced a 1907 law in his November 2021 decision. Raoul’s office argued that laws passed over the century that followed repealed or superceded it and indeed gave IDNR jurisdiction. Sobol disagreed, saying a law isn’t repealed unless a new law specifically says so or conflicts with it.
Illinois and Michigan Oil plans an operation that could have up to 106 barges on the river. It says it will have no ecological impact on the 21 acres where it will operate east of Seneca. Property owners Rick and Gloria Sims feel differently and are the plaintiffs. Sobol’s ruling against the permit process wasn’t exactly a ruling in the couple’s favor. He also ruled that they don’t have standing to sue as interested parties. That means IDNR isn’t obliged to hear their concerns. The Simses own land on the river side opposite where I & M Oil would operate.
Each side stayed involved in the case, asking Sobol to reconsider. That’s a prerequisite for appealing to a higher court. He stood by his decision. The request to have someone other than the Illinois Attorney General’s Office represent Gov. Pritzker will keep the case in Sobol’s courtroom for now. The February 15th hearing date is subject to change depending on whether Sobol needs that week for a jury trial.