Camo At The Capitol

Onto “Stop Asian Carp” Plan B after SCOTUS denies Michigan’s request to close the locks…Again

Today the U.S. Supreme Court formally denied Michigan's renewed motion seeking a preliminary injunction to close navigational locks in the Chicago River system in an ongoing legal battle to keep Asian Carp out of the Great Lakes. After rejecting the original motion earlier this year, the Court reconsidered Michigan's renewed motion in light of new evidence that Asian Carp eDNA was found in Lake Michigan's Calumet Harbor. Not surprisingly, the new evidence was not good enough for the Nation's High Court, which is not accustomed to issuing such sweeping orders.

While Michigan Attorney General Mike Cox admittedly considered the second try "extraordinary," the state's top cop will now look at a more plausible Plan B: re-opening the 90 plus year-old water diversion case, Wisconsin v. Illinois. As an original party to that 1922 case, Michigan takes another legal battle to the High Court, this time not seeking a court order to "close the locks," but rather the appointment of a "special master" to sort out the mess and provide effective short and long-term measures to save the $7 billion Great Lakes sportfishery (which very well may include lock closure).

Given that the Obama Administration's $78.5 billion Asian Carp Plan does not call for immediate ecological separation between the Great Lakes and Mississippi River system, that option would be a welcome victory for Michigan and the Great Lakes states (including Illinois) that enjoy unparalleled recreation and reap and billions in economic benefits annually from an Asian Carp-free, freshwater gold mine.

The Supreme Court is scheduled to review Michigan's petition (supported by 5 other Great Lakes states and the Canadian Province of Ontario) on April 16th. 

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