Cox said, "Although our suit continues to move forward, the urgent threat that Asian carp pose requires that we aggressively pursue this preliminary injunction. Until the federal government takes effective action, Michigan and our Great Lakes partners will take full advantage of every opportunity we have to ensure our livelihood is not destroyed by Asian carp."
The notice of appeal filed today requests the 7th Circuit Court of Appeals review the district court ruling of December 2, 2010. In that ruling, Federal District Court Judge Robert M. Dow, Jr. denied Michigan's motion for preliminary injunction, which called 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 indicated that the need for the preliminary injunction, which would stop Asian carp as the rest of the suit is considered, was made clear by the recent capture of a live bighead carp beyond any current barriers. Meanwhile, the preliminary ruling did not halt consideration of the merits of the Great Lakes states' lawsuit. A status conference scheduled for January 7, 2011 will determine future proceedings at the district court level.
Attorneys general from Wisconsin, Minnesota, Pennsylvania and Ohio first joined Cox in filing his lawsuit on July 19, 2010, due to what he said was "the Army Corps' dismal record of inaction in confronting Asian carp." The lawsuit calls for the Corps to use all available efforts to block Asian carp passage in the waterways linked to Lake Michigan, 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.