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Michigan AG Again Takes Carp Fight to the Supreme Court
Michigan’s Attorney General, Bill Schuette, is seeking to have the Supreme Court require the Army Corps of Engineers to install nets blocking carp migration through the Little Calumet and Grand Calumet Rivers, and require the Corps to expedite its study of permanent ecological separation between the Mississippi River and the Great Lakes, so that the part of the study focused on the Chicago Area Water would be finished in 18 months, rather than the projected 5 years.
On August 24, 2011, the U.S. Court of Appeals for the 7th Circuit issued a ruling on the preliminary injunction request by Michigan, Minnesota, Ohio, Pennsylvania, and Wisconsin, concluding that the lawsuit had “a good or even substantial likelihood of success on the merits of their public nuisance claim.“ Despite the recognition of the threat posed by Asian carp, the Court denied the states’ request. The states then decided to appeal.