Attorney Steven Becker testifies at the Will County Planning and Zoning Commission hearing. He filed a lawsuit against Will County and requested a Temporary Restraining Order to halt the County Board’s April 16 vote on the Earthrise Energy’s 6,099-acre solar farm project.

(Photo by Andrea Arens)

By Andrea Arens

A newly filed lawsuit aimed at stopping the approval of a massive solar development was discussed at the latest Green Garden Township board meeting, as officials and residents detailed a rapidly escalating legal fight with Will County.

The lawsuit, filed by local residents detailed by members of the township’s watershed committee, seeks a temporary restraining order (TRO) and injunction against Will County, alleging that officials improperly denied residents the right to cross-examine witnesses during recent public hearings on the controversial Earthrise Energy 6,100-acre solar project.

A hearing on the emergency motion was scheduled for Tuesday morning in Will County court. A decision was expected to be made Wednesday afternoon. The outcome could determine whether a key county board vote on the project proceeds.

Due Process Concerns

At the center of the legal challenge is a procedural dispute: Residents argue their attorney was unlawfully blocked from cross-examining the developer during public hearings — an action they claim violates both Illinois law and local ordinances.

“We have a right to cross-examination,” Jeff Becker, representative of the Green Garden Watershed Committee explained during the meeting.

“The Illinois Supreme Court says we do. The statutes say we do. Will County’s own rules say we do. That right was denied.”

The lawsuit does not name the solar developer, Earthrise Energy, as a defendant. Instead, it targets Will County, specifically the State’s Attorney’s Office, for what plaintiffs describe as a denial of due process.

Attorneys for the developer have already responded with a 71-page filing seeking to intervene in the case, signaling the high stakes and urgency surrounding the dispute.

Potential Impact

If the court grants the temporary restraining order, the upcoming county board hearing on the project could be halted entirely. If not, the hearing is expected to proceed as scheduled.

However, even if the project advances, plaintiffs argue the case could ultimately force the entire approval process to restart.

“If the court finds that cross-examination should have been allowed, they may have to redo everything—from the Planning and Zoning Commission to the Land Use Committee,” Becker said.

Limited Local Control

A Will County judge recently ordered the Will County Board to approve five solar farm applications it had denied by April 17.

The County Board is expected to vote on those proposals, as well as Earthrise Energy’s Plum Valley plan and the 6,100-acre Pride of the Prairie solar farm at its April 16 meeting.

“The only thing left to challenge is whether the application is complete,” Becker told attendees. “That’s it.”

As a result, opponents are now focusing heavily on technical deficiencies in the Earthrise application, arguing it lacks required details such as precise panel locations, environmental impacts, and verified assessments of wetlands and floodplains.

No consultation with the Army Corps of Engineers or Illinois Department of Natural Resources Estimated, rather than exact, solar panel counts

“They haven’t done the work,” Becker said. “They’re giving estimates instead of actual data, and that’s not what the ordinance requires.”

Environmental concerns –including the possible presence of an endangered short-eared owl — could also present additional legal hurdles.

Frustration with State Policy

The dispute reflects growing bipartisan frustration with Illinois’ evolving solar laws, which local officials say strip communities of meaningful control over land use decisions.

According to comments at the meeting, even state and county leaders have expressed concern, with proposed resolutions calling for legislative changes to restore local authority.

“You’re seeing both Democrats and Republicans saying this isn’t working,” Becker noted.

What Comes Next

The immediate focus remains on the court’s decision regarding the temporary restraining order. That ruling will determine whether the county board proceeds with a scheduled vote or pauses the process amid ongoing litigation.

Meanwhile, township officials are urging residents to remain engaged.

“If the hearing goes forward, public presence still matters,” Becker said. “But legally, the argument now comes down to one thing: whether the application is complete.”

Andrea Arens is a freelance reporter.