Prior to its current lawsuit against the U.S. Army Corps of Engineers and the Chicago Water District, the State of Michigan pursued going directly through the U.S. Supreme Court to resolve the Asian carp crisis.  On December 21, 2009, Michigan asked the Supreme Court to reopen a case filed decades ago by Michigan and the Great Lakes states against Illinois, challenging the Chicago Diversion project; or (2) open a new case.   The request was supported by Minnesota, Ohio, Pennsylvania, Wisconsin and the Province of Ontario.

Michigan also asked the Court for a preliminary injunction requiring locks and other structures to be closed to prevent an Asian carp invasion of the Great Lakes, in addition to requiring the Army Corps to develop a plan for long-term permanent ecological separation.

                On January 18, 2010, the U.S. Supreme Court denied Michigan's request for preliminary injunction without explanation.  On February 5, 2010, Michigan filed a renewed request based on new eDNA evidence that Asian carp may have actually entered Chicago waterways, dangerously close to the Great Lakes.  On March 22, 2010, the court denied this second request without explanation. On April 26, 2010 the Court formally denied the request to reopen the Chicago Diversion case or to open a new case.

Following the discovery of a Bighead carp in Lake Calumet, just miles from Lake Michigan, Michigan filed a new lawsuit in the U.S. District Court for the Northern District of Illinois on July 19, 2010.  Minnesota, Ohio, Pennsylvania, Wisconsin joined Michigan as co-plantiffs.