Wednesday, July 16, 2014

U.S. Appeals Court Denies States' Asian Carp Legal Challenge

State of Michigan v. United States Army Corps of Engineers - 7/14/14. In the U.S. Court of Appeals, Seventh Circuit, Case No. 12-3800. Plaintiffs, five Great Lakes states, ask the Appeals Court to step in and impose measures to ensure that the Asian Carp are forever blocked from the Lakes. In an informative, 30-page opinion, the Panel concludes, ". . .we hold that the States have failed to state a claim upon which relief can be granted, either under a public nuisance theory or under the APA. We therefore affirm the judgment of the district court."

  • WI AG Comment on 7th Circuit Asian Carp Decision - "Of course, we are disappointed the court dismissed our case on the grounds that Asian carp on the doorstep of Lake Michigan does not pose an adequate imminent threat to Lake Michigan," WI Attorney General J.B. Van Hollen said.  "We believed when we filed this action, and continue to believe, the current threat this invasive species poses to Lake Michigan is sufficient to warrant legal action. . . I am pleased the court went on to invite our filing of a subsequent public nuisance action in the event the Army Corps fails to take adequate measures to prevent Asian carp from entering Lake Michigan."