Ignoring concerns from Illinois’ agriculture community, environmental activists are pushing legislation that would grant the state sweeping authority over private land.

The bill was proposed in response to the U.S. Supreme Court’s Sackett v. EPA decision, which rolled back the scope of Waters of the United States (WOTUS) and curtailed overreach by the Environmental Protection Agency (EPA). WOTUS, a part of the Federal Clean Water Act, has been heavily criticized by farmers, homeowners, and landowners because of the broad authority it gave the government over private land.

Senate Bill 771 would give many of the powers the Sackett v. EPA decision took away from the EPA to the state. The legislation goes even further, creating a new regulatory system at the state level that puts the burden on landowners to hire costly specialists to identify wetlands. It also mandates permits for projects, even on private property, without specifying a timeline – allowing the state to effectively kill projects by not acting on a permit request. Additionally, it allows the Illinois Department of Natural Resources to issue hefty civil penalties of $10,000 per day for violations. 

The legislation has been met with opposition from a broad range of interests, including farmers, business groups, home builders, and energy producers. If passed, it could mean the end of numerous energy projects, costing the state hundreds of millions of dollars in economic development.