Skip Navigation
Attorney General Bill SchuetteMichigan.gov
Michigan.gov Home
close print view

Cox Appeals in Asian Carp Case

Contact: John Sellek or Joy Yearout 517-373-8060

December 16, 2010

            LANSING -  Michigan Attorney General Mike Cox today announced his office has filed a notice of appeal from the first preliminary court ruling in his lawsuit to stop the advance of Asian carp into the Great Lakes.  Attorneys general from Wisconsin, Minnesota, Ohio and Pennsylvania signed on to Michigan's notice, which was filed today in federal District Court in Chicago.  The Great Lakes states are appealing a December 2, 2010 ruling that denied Michigan's motion for preliminary injunction, which called for several immediate actions.  

"Although our suit continues to move forward, the urgent threat that Asian carp pose requires that we aggressively pursue this preliminary injunction," said Cox.  "Until the federal government takes effective action, Michigan and our Great Lakes partners will take full advantage of every opportunity we have to ensure our livelihood is not destroyed by Asian carp."

The notice of appeal filed today requests the 7th Circuit Court of Appeals review the district court ruling of December 2, 2010.  In that ruling, federal District Court Judge Robert M. Dow, Jr. denied Michigan's motion for preliminary injunction, which called for the temporary closure of the O'Brien and Chicago Locks and blocking other pathways in the Chicago water system, except as needed to protect public health and safety, among other actions.  The need for the preliminary injunction, which would stop Asian carp as the rest of the suit is considered, was made clear by the recent capture of a live bighead carp beyond any current barriers. 

Meanwhile, the preliminary ruling did not halt consideration of the merits of the Great Lakes states' lawsuit.  A status conference scheduled for January 7, 2011 will determine future proceedings at the district court level. 

Attorneys general from Wisconsin, Minnesota, Pennsylvania and Ohio first joined Cox in filing his lawsuit on July 19, 2010, due to the Army Corps' dismal record of inaction in confronting Asian carp.  The lawsuit calls for the Corps to use all available efforts to block Asian carp passage in the waterways linked to Lake Michigan, subject to exceptions to prevent flooding, allow access for emergency responders and any other action necessary to prevent serious threats to public health and safety. 

The Permanent Prevention of Asian Carp Act and the CARP Act, both sponsored by U.S Representative Dave Camp (R-MI), still await action by Congress.  The legislation mirrors Michigan's motion for preliminary injunction, calling for temporary closure of the locks to protect the Great Lakes and requiring the U.S. Army Corps of Engineers to expedite a study to determine the best way to permanently separate the Mississippi River Basin from Lake Michigan.

Earlier this year, Cox petitioned the U.S. Supreme Court to intervene and address the threat of Asian carp.  The Supreme Court declined the take up the case but did not rule on the merits of the legal claims by Michigan and other Great Lakes states.

 

-30-

Related Content
 •  Schuette Files Child Abuse Charges Against Washtenaw County Man
 •  Schuette Announces More Than $500,000 for 5,600 Michigan Propane Consumers in AmeriGas Settlement
 •  Schuette Urges Congress to Support Legislation to Prevent Child Sex Trafficking on Internet
 •  Schuette, Wyant Announce Settlement to Stop Severe Odors from America's Largest Waste Incinerator in Detroit
 •  Schuette Announces Support for Federal Bills to Provide Restitution for Child Victims of Pornography: "Child Pornography is not a victimless crime"
 •  Schuette Charges Lapeer County Woman for Embezzling $460k from 136 Elderly Nursing Home Residents
 •  Schuette Offers Five Tips for Flood-Damaged Families to Avoid Scammers Attracted by FEMA Payments
 •  A.G. Schuette Commends Gov. Snyder's Signature on Bills Strengthening Sexual Assault Victims' Rights
 •  Schuette Announces $105 Million National Settlement with AT&T Mobility Over Cell Phone ‘Cramming'
 •  Schuette Announces Extradited Saginaw Man to Proceed to Trial for Running Massive Ponzi Scheme
 •  Schuette Praises Legislature for Passing Comprehensive Victim-Centered Bills to Fight Human Trafficking
 •  A.G. Schuette Marks National Bullying Prevention Month, Encourages Students to Use OK2SAY to Report Bullying, Cyberbullying
 •  Schuette Charges Manistee Co. Pair With Premeditated First Degree Murder in 1995 Cold Case
 •  Schuette Announces AG Investigation in Alleged Aramark Employee Murder-for-Hire in Chippewa County
 •  Schuette Praises House Committee for Unanimous Passage of Legislation to Protect Patients
 •  Schuette Secures $1.6 Million for Michigan in Historic Settlement with European-Based Drug Company for Unlawful ADHD Drug Marketing
 •  A.G. Schuette Joins Law Enforcement, Education Leaders to Announce Statewide Student Safety Initiative, OK2SAY
 •  AG Schuette Commends Senate Passage of Bills Strengthening Sexual Assault Victims' Rights
 •  AG Propane Investigation Update: Schuette Secures $100k Relief for Ferrellgas Customers, Goes to Court to Fight for AmeriGas Customers
 •  Schuette, Getting Charge Tennessee Man in Kalamazoo Rape Cold Case
QR code

Michigan.gov Home
PoliciesMichigan NewsMichigan.gov Survey


Copyright © 2014 State of Michigan