Monday, April 26, 2010

Supreme Court Final Denial In Great Lakes Carp Case

Apr 26: The U.S. Supreme Court for the third time declined to address the debate between Great Lakes states on issues and actions necessary to control the spread of Asian Carp into the Lake Michigan and the other Great Lakes [See WIMS 4/20/10]. 
    In its brief denial, the High Court said, "The motion of Michigan to reopen and for a supplemental decree is denied. The alternative motion for leave to file a bill of complaint is denied." While the Supreme Court had previously 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 -- 1, 2 , 3 Original -- with the State and Illinois on issues related to diversions of water from the Great Lakes, through various Chicago waterworks and into the Mississippi River basin. The Attorney General argued that, "since by law, this Court [Supreme 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].
    Henry Henderson, director of the Natural Resources Defense Council's (NRDC's) Midwest Program, who filed an amicus brief with the Court on behalf of the Michigan case issued a statement said, "This fight is not over, it is simply shifting. By choosing not to engage, the Justices have opened other venues for addressing the invasive species threat. Sadly, the Court has stepped away from nearly a century of effective engagement with the important intersection of the Chicago Waterway System and the health of the Great Lakes. With all that is at stake, it is likely that we will see this action moved to another legal venue. In the meantime, NRDC and the other NGO groups will be working to help bring about an effective, permanent solution to protect the Great Lakes and the community that depends upon them." 

    Access the Supreme Court Order (click here, top of page 2). Access a release from NRDC (click here). Access various media reports (click here). Access links to Michigan's filings in the case (click here). Access all of the filings in the case (click here).