Will County P&Z Logo Planning Zoning

Will County Planning and Zoning Commission Recommends Denial of 6,099-Acre Earthrise Solar Project After Court-Ordered Hearing

Spread the love

Will County Board Special Planning and Zoning Commission Meeting | May 12, 2026

Article Summary: Following a court-mandated cross-examination hearing, the Will County Planning and Zoning Commission voted 1-4 to recommend denial of a special use permit for the massive Lincoln Solar Energy project spanning three townships.

Earthrise Solar Project Key Points:

  • The PZC voted 1-4 against the special use permit for the 600 MW solar facility (Ordinance #26-109 / Case ZC-25-129) proposed by Earthrise Energy.

  • The special meeting was mandated by a court order (26CH79) from Judge Breslin to allow plaintiffs to cross-examine developers due to alleged due process violations.

  • Plaintiffs argued the application was incomplete, citing missing field data for “farmed wetlands” and public safety risks.

  • The $1.2 billion project footprint encompasses roughly 6,099 acres across Manhattan, Green Garden, and Wilton townships.

The Will County Board Planning and Zoning Commission on Tuesday, May 12, 2026, voted 1-4 to recommend denial of a special use permit for a sprawling 6,099-acre commercial solar facility, following a contentious, court-ordered cross-examination hearing.

Earthrise Energy, operating under Lincoln Solar Energy, LLC, applied for a special use permit to build a 600-megawatt solar facility across 96 parcels in Manhattan, Green Garden, and Wilton townships. The facility would connect to the grid via the existing Lincoln natural gas peaking plant. While the PZC had previously voted to recommend denial in March, Tuesday’s special meeting was mandated by a temporary restraining order from Judge Breslin. The court order allowed plaintiffs to cross-examine the developers, a process the plaintiffs’ attorney claimed the county had illegally bypassed for years.

“The reason you haven’t heard this before is for some reason in this county there’s not been any cross-examination for years during a special use application,” Plaintiff Attorney Steven Becker told the commission. “That’s what we won in front of Judge Breslin… this is a new procedure that was apparently being bypassed by Will County unbeknownst to me.”

During the cross-examination, Becker grilled Earthrise Lead Developer Robert Kalbouss over the company’s environmental reviews, specifically focusing on the delineation of wetlands and the potential for heavy metal leaching into the groundwater. Becker argued that the application was incomplete because Earthrise relied primarily on a National Wetland Inventory (NWI) data set from the U.S. Fish and Wildlife Service rather than waiting for fields to lie fallow to properly field-delineate “farmed wetlands.”

“If a field is being tilled, you cannot determine hydrophytic vegetation. You have to wait until it is fallow,” Becker argued. “This application is woefully incomplete.”

Earthrise attorney Ben Jacobi fiercely defended the application, noting that the company updated its site plan on March 5, 2026, and submitted a supplemental memorandum on May 8 detailing complete field delineations. Jacobi stated that the project was designed to completely avoid all permanent impacts to wetlands.

“They’re going to avoid them all. They’re going to assume the jurisdiction of the wetland, and they’re going to avoid them all,” Jacobi said. “And so, that’s really important that that eliminates the wetland as an issue entirely.”

The developer also faced questions about why outreach meetings were not held in Green Garden or Wilton townships. Kalbouss confirmed that public information meetings were only hosted in Manhattan Township, citing “the hostility that we observed online from the township” as the reason for not holding open forums in the other jurisdictions.

Prior to the final vote on the special use permit, the PZC voted unanimously to amend conditions 3, 5, and 6 of the permit to match language recently approved by the Will County Board for the Plum Valley Solar project.

However, when the amended special use permit was called to a vote, it failed in a 1-4 split. Commissioner Lewis Navarat voted yes, while Vice Chairman John Kiefner, Commissioner Matt Garland, Commissioner Karen Warrick, and Chairman Hugh Stipan voted no.

The 192 variances associated with the project—allowing for 36-inch ground cover plant heights and a reduction in mandatory mowings—were previously approved during a March 31 meeting and were not subject to Tuesday’s vote. The PZC’s denial recommendation will now move forward to the Will County Board for final consideration.

Leave a Comment





Latest News Stories

WATCH: House Homeland Security hearing filled with tense exchanges

By Sarah Roderick-FitchThe Center Square A U.S. House hearing on homeland security wasn’t void of drama Thursday as Homeland Security Secretary Kristi Noem engaged in several tense exchanges with Democrats,...
Judge rules against Trump's freeze on wind energy

Judge rules against Trump’s freeze on wind energy

By Dave MasonThe Center Square Democratic attorneys general applauded a federal judge’s ruling this week that the Trump administration can’t halt development of all wind energy projects. Proponents have long...
Illinois’ new paint fee takes effect, with critics calling it another burden on taxpayers

Illinois’ new paint fee takes effect, with critics calling it another burden on taxpayers

By Catrina Barker | The Center Square contributorThe Center Square (The Center Square) – A new statewide fee on paint products adds a small charge to each container sold as...
Pritzker decision looms for energy bill 'on ratepayers' backs'

Pritzker decision looms for energy bill ‘on ratepayers’ backs’

By Jim Talamonti | The Center SquareThe Center Square (The Center Square) – Gov. J.B. Pritzker has indicated support for energy legislation awaiting his signature, but small business owners are...

WATCH: Use of National Guard debated in U.S. Senate as Illinois case lingers

By Greg BishopThe Center Square While the use of the National Guard remains on hold in Illinois, pending a legal challenge, the U.S. Senate is debating having troops on American...
Illinois quick hits: Senator's deferred prosecution deal approved; Indiana Senate votes against new maps

Illinois quick hits: Senator’s deferred prosecution deal approved; Indiana Senate votes against new maps

By Jim Talamonti | The Center SquareThe Center Square Senator's deferred prosecution deal approved U.S. District Court Judge Andrea Wood has approved a deferred prosecution agreement to resolve the bribery...
Suspect in Charlie Kirk assassination makes first in-person appearance in court

Suspect in Charlie Kirk assassination makes first in-person appearance in court

By Morgan SweeneyThe Center Square The Utah man charged with assassinating conservative activist Charlie Kirk appeared in person before a Utah court Thursday for the first time since his arrest....
Pro-life orgs call out FDA, Makary for not fulfilling promise to review abortion drug

Pro-life orgs call out FDA, Makary for not fulfilling promise to review abortion drug

By Tate MillerThe Center Square Pro-life groups are holding the U.S. Food and Drug Administration and its commissioner Marty Makary accountable for leaving its promise to review the “dangerous” abortion...
Bill to extend enhanced Obamacare subsidies dies in Senate

Bill to extend enhanced Obamacare subsidies dies in Senate

By Thérèse BoudreauxThe Center Square As expected, lawmakers failed to pass either of the competing partisan health care bills in the Senate on Thursday. The result all but ensures that...
Judge: CHA lawyers must pay $59K for citing ChatGPT-created cases

Judge: CHA lawyers must pay $59K for citing ChatGPT-created cases

By Jonathan Bilyk | Legal NewslineThe Center Square Lawyers who defended the Chicago Housing Authority in a case that resulted in more than $32 million in judgments to two families...
Op-Ed: Your kids now belong to the Chicago Teachers Union

Op-Ed: Your kids now belong to the Chicago Teachers Union

By Mailee Smith | Illinois Policy InstituteThe Center Square Students who can’t read and secrecy from parents – that’s just part of the legacy of Stacy Davis Gates during her...
Illinois quick hits: Former police chief convicted of bribery; man sentenced for fraud

Illinois quick hits: Former police chief convicted of bribery; man sentenced for fraud

By Jim Talamonti | The Center SquareThe Center Square Former police chief convicted of bribery A federal jury has convicted a former Summit, Illinois police chief of bribery offenses for...

WATCH: Chicago mayor: ‘Wicked’ people want chaos; critics rip mayor

By Jim Talamonti | The Center SquareThe Center Square (The Center Square) – The mayor of Chicago has expressed his opposition to an alternative budget proposal from the city council....
WATCH: Chicago mayor warns of budget ‘chaos,’ end-of-life options bill on gov’s desk

WATCH: Chicago mayor warns of budget ‘chaos,’ end-of-life options bill on gov’s desk

By Greg Bishop | The Center SquareThe Center Square (The Center Square) – In today's edition of Illinois in Focus Daily, The Center Square Editor Greg Bishop provides highlights from...
Judy Ogalla

Ogalla Blasts New State Solar Legislation

Will County Land Use & Development Committee Meeting | December 2025 Article Summary: During a discussion on zoning matters, Will County Board Member Judy Ogalla strongly criticized the passage of...