On September 7, well-known biologist Dr. David Lodge, of the University of Notre Dame lead off with testimony regarding the wide-spread presence of Asian carp eDNA at multiple locations near and in Lake Michigan. Written testimony supporting Michigan and four other states has been submitted from experts including biologist Dr. Tammy Newcomb, of the Michigan Department of Natural Resources and Environment (MDNRE), who argues the threat to the Great Lakes and its waterways is urgent and will cause great damage if not stopped at Chicago, and transportation policy expert Dr. John C. Taylor, of Wayne State University, who notes that barge traffic affected by lock closure accounts for less than one percent of all freight traffic in Chicago.
On August 31, 2010 the Grand Traverse Band of Ottawa and Chippewa Indians filed a motion to join the attorneys general as an additional party to the lawsuit. According to the motion, the tribe is concerned with the negative impact Asian carp could have on Great Lakes fisheries, citing tribal fishing rights in the Great Lakes and adjoining inland waterways.
Michigan's request before the court 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, the increased use of rotenone fish poison and the installation of nets and other physical barriers, among other actions. The lawsuit makes clear that all of the requested action would be subject to exceptions to prevent flooding, allow access for emergency responders and any other action necessary to prevent serious threats to public health and safety.