More than a year after a Grundy County judge said a 1907 law was still on the books, Gov. Pritzker has signed a bill that repeals it. This may let the Illinois Department of Natural Resources permit a barge fleeting operation east of Seneca. Illinois and Michigan Oil wants to have up to 106 barges there. Property owners Rick and Gloria Sims went to court, saying IDNR ignored them and the operation will ruin the river’s beauty. They own land across the river from the proposed site.
Judge Sheldon Sobol ruled in November 2021, the Des Plaines and Illinois Rivers Act prohibits developments in those two rivers and only a duly passed act of the General Assembly could change that. Nine words inserted into a bill on January 10, approved by both chambers that day, and signed by Gov. Pritzker on February 10 repeal it. The rest of the 76-page bill is about the makeup of various boards and commissions.
The change came up during a virtual court hearing this morning. The judge set another hearing for next month to handle other legal questions in the case. Plaintiffs’ attorney Jack Foley had asked the judge to find that Illinois Attorney General Kwame Raoul’s office can’t be involved and to name a special attorney general. Foley said Raoul was defending IDNR’s permit while being required to oppose it. Attorneys for the state and I & M Oil are expected to argue next for dismissing the case.
The law was House Bill 1563 in the last days of the 102nd General Assembly. It passed the Senate 37 to 17 with objections from Sens. Sue Rezin, Win Stoller, and Jason Barickman. Barickman has since left the legislature. Sen. Brian Stewart didn’t vote. The bill passed the House 70 to 31 with nays from Reps. Tom Demmer and Tom Bennett. Lance Yednock voted yes. David Welter had an excused absence. He has also since left the legislature.