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).

 

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Ohio Lake Erie Commission Issues Two RFPs

Dec 4: The Ohio Lake Erie Commission is currently soliciting grant proposals for the Lake Erie Protection Fund for two projects: "Internal Loading as a Source of Phosphorus in Lake Erie" and "Inventory of Water Conservation Measures by Industry Sector." Please see the attached RFPs for project details. Each grant will provide up to $30,000, with a 25% match requirement ($7,500). Proposals are due February 1, 2013. Projects must assist with the implementation of the Lake Erie Protection and Restoration Plan 2008.

    The role of the Ohio Lake Erie Commission is to preserve Lake Erie's natural resources, to protect the quality of its waters and ecosystem, and to promote economic development of the region by ensuring the coordination of policies and programs of state government pertaining to water quality, toxic substances, and coastal resource management. The Lake Erie Protection Fund, which is administered by the Commission, focuses on projects that improve environmental and economic management and development decisions. The Fund is supported by the voluntary contributions of Ohioans who purchase the Erie...Our Great Lake license plate, featuring the Marblehead lighthouse.

 

    Access a posted announcement from the Commission (click here). Access the Commission's website for application materials and to obtain more information about the Lake Erie Protection Fund (click here).

 

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