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Tuesday, July 20, 2010
Environment - More on: Five states file Asian Carp suit
As reported in this ILB entry yesterday, suit was filed yesterday in USDC, ND Illinois by Great Lakes five states: Michigan, Wisconsin, Minnesota, Ohio, and Pennsylvania.. Here is a copy of the 38-page complaint.
The Gary Post-Tribune has a story by John Flesher of the AP that concludes:
The most recent suit was filed in U.S. District Court in northern Illinois. It accuses the U.S. Army Corps of Engineers and the Metropolitan Water Reclamation District of Greater Chicago of creating a public nuisance by operating locks, gates and other infrastructure through which the carp could enter the lakes.That argument didn't convince the nation's highest court to order the locks closed earlier this year despite two requests from Michigan and other states. But the justices' rulings were procedural and did not deal with the merits of the case, Cox's spokeswoman Joy Yearout said.
The discovery of a 20-pound carp in Lake Calumet on Chicago's South Side might make a federal judge more inclined to rule favorably, said Nick Schroeck, executive director of the Great Lakes Environmental Law Center at Wayne State University. Previously, Michigan and the other states based their request largely on DNA evidence that critics dismissed as unreliable.
"It's easier to make the case that there's a public nuisance when you have this actual, live fish," Schroeck said.
Posted by Marcia Oddi on July 20, 2010 02:56 PM
Posted to Environment