Tuesday, April 20, 2010

No Action By Supreme Court On MI Chicago Locks Case

Apr 19: The U.S. Supreme Court did not take up the Michigan Attorney General's request for hearings to develop a "long-term solution to the crisis that will protect the ecology and economy of the Great Lakes." According to earlier information from Michigan Attorney General Michael Cox the High Court was to consider Michigan's request on April 16th. However, media reports indicate that the matter was not considered and a spokesman "declined to say whether justices intend to consider the issue at conference this week, or push it back further."
    While the High Court denied the Michigan request for a Motion for Preliminary Injunction on March 22 [See WIMS 3/22/10] the Attorney General also filed a petition requesting the Court to reopen the ongoing legal case with the State and Illinois and issue a Supplemental Decree. Michigan has asked the Court to declare that to the extent the facilities created, operated, and maintained by Illinois et al, in connection with the diversion now allow the introduction of harmful aquatic invasive species into Lake Michigan and other connected waters and they constitute a public nuisance. Michigan asserts that, "Those facilities create a threat of irreparable injury to natural resources held in trust by the State of Michigan, as well as riparian and other rights of Michigan and its citizens."

    Michigan indicates that the State of Illinois "was and remains an indispensable party in any proceeding to resolve the present dispute between Michigan and the other parties concerning the existence of a continuing public nuisance and the equitable relief sought by Michigan to prevent and abate it. Accordingly, since by law, this Court has 'original and exclusive jurisdiction of all controversies between two or more states,'  there is no other forum in which Michigan may obtain the equitable relief it seeks." [See WIMS 3/23/10].

    Access a report from Chicago WGN News (click here). Access a Detroit Free Press editorial (click here). Access links to Michigan's filings in the case (click here). Access all of the filings in the case (click here).