Cox Appeals in Asian Carp Case
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.
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.
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.
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.
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.
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.