Cox said, "The future of our water-based economy and environment is hanging in the balance. The Great Lakes will now get their day in court." At the hearing, Judge Dow will consider Michigan's motion for Preliminary Injunction, which calls for several short-term responses to the Asian carp threat. Michigan's motion calls 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.
Cox said the Michigan lawsuit is supported by affidavits from two experts: Dr. Tammy Newcomb of the Michigan Department of Natural Resources and Environment (MDNRE) and Dr. John C. Taylor of Wayne State University. Both experts are prepared to testify, if called. The lawsuit calls for the Corps to use all available efforts to block Asian carp passage in the waterways linked to Lake Michigan. Earlier this year, Cox petitioned the U.S. Supreme Court to intervene to address the threat of Asian carp. Although 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.