Earlier this week, the Supreme Court issued a short order (see page 2) denying Michigan’s renewed motion for a preliminary injunction to close Chicago-area locks to keep Asian carp from entering the Great Lakes. Michigan had filed the renewed motion based on a new study showing the minimal economic impact of closing the locks, compared to the devastating economic harms if the Asian carp get into the Great Lakes. The denial of Michigan’s renewed motion is disappointing but not surprising, given the Obama administration’s continued opposition to closing the locks. The New York Times has coverage.
Also this week, the state of Illinois, United States, and Metropolitan Water Reclamation District of Greater Chicago all filed their briefs opposing the petitions of Michigan and other states to reopen the Wisconsin v. Illinois case. The briefs reiterate the ongoing positions of the defendants, arguing that the Asian carp problem is already under control and that the Supreme Court should not take up the case. The Court is expected to consider these petitions on April 16. I remain hopeful that the Supreme Court will be persuaded by the compelling legal arguments presented by the Michigan Attorney General and other Great Lakes states that the issue demands the Court’s attention and warrants a reopening of the original Wisconsin v. Illinois decree.