Tuesday, December 4, 2012
Federal Judge Dismisses States' Asian Carp Lawsuit
Dec 3: U.S. District Court Judge, John Joseph "Jay" Tharp, Jr. for the Northern District of Illinois dismissed the case (Case No. 10cv4457) filed by Michigan Attorney General Bill Schuette and Wisconsin, Minnesota, Ohio and Pennsylvania against the U.S. Army Corps of Engineers and the Chicago's Metropolitan Water Reclamation District in their attempt to force the Army Corps of Engineers to quickly develop and implement plans to permanently separate the Great Lakes from Asian carp-infested Illinois waterways [See WIMS 10/10/12].
According to a report in Bloomber news, the Judge said in a 46-page decision, "It is not the province of the courts to order parties to take action that would directly contravene statutory mandates and prohibitions." A report in the Detroit Free Press indicated that the Judge said, he couldn't order the agencies to do what the states want because Federal law requires the Corps to keep shipping channels open between Lake Michigan and one of the Chicago waterways -- the Des Plaines River -- and prohibits constructing dams in any navigable waterway without Congress' consent.
Attorney General Schuette did not issue a release on the latest decision, but a spokesperson indicated that they were disappointed with the decision and reviewing the case for further action.
Access the Bloomberg news report (click here). Access the Detroit Free Press report (click here). Access more information on the AG's efforts on the Asian Carp issue (click here).
Posted by WIMS at 12/04/2012