Federal Court Battle Against Asian Carp Set to Continue Next Week
(COLUMBUS, Ohio) — As many Ohioans prepare to fill the extended holiday weekend with fishing and other Lake Erie excursions, Ohio Attorney General Richard Cordray’s office is preparing for the next round of activity in a federal lawsuit to protect the Great Lakes from the spread of Asian carp. The federal court in Chicago has already held one hearing in this continuing case, and final hearings on a request for preliminary injunction are set to take place next week.
(PressZoom) - (COLUMBUS, Ohio) — As many Ohioans prepare to fill the extended holiday weekend with fishing and other Lake Erie excursions, Ohio Attorney General Richard Cordray’s office is preparing for the next round of activity in a federal lawsuit to protect the Great Lakes from the spread of Asian carp. The federal court in Chicago has already held one hearing in this continuing case, and final hearings on a request for preliminary injunction are set to take place next week.
In July, Attorney General Cordray filed the lawsuit along with attorneys general from Michigan, Wisconsin, Minnesota and Pennsylvania, seeking the court’s assistance in obtaining appropriate protections against the spread of Asian carp into the Great Lakes through Chicago-area waterways, including the possibility of constructing a permanent physical barrier between Lake Michigan and the Mississippi River basins. Initial arguments were heard on several preliminary legal issues of the case last week in front of Judge Robert M. Dow, Jr., of the United States District Court for the Northern District of Illinois.
“As Labor Day weekend approaches, many Ohioans will be heading to Lake Erie to enjoy its waters and fishing,” said Cordray. “If the Asian carp continue to migrate into the Great Lakes, this pastime could soon be in jeopardy. At stake are the $10 billion fishing and tourism industries as well as the existing habitat of the lakes. The imminent threat posed by the carp leaves no other viable solution than to construct a physical barrier.”
On Tuesday, September 7, and Wednesday, September 8, the states intend to present expert testimony by Dr. David Lodge, Director of the Center for Aquatic Conservation and Professor of Biological Sciences at the University of Notre Dame; and Dr. Tammy Newcomb, State Administrative Manager in the Fisheries Research Program at the Michigan Department of Natural Resources and Environment. Testimony from the defendants and intervening parties is also expected to be presented on these dates.
The hearings will focus on the history of Asian carp migration from the Mississippi River basin to the doorway of Lake Michigan, the biological characteristics of the carp, the likelihood of a population being established in the Great Lakes and the potential harm to the Great Lakes and the plaintiff states if such a population is established. Closing arguments are scheduled for Friday, September 10.
The lawsuit names as defendants the United States Army Corps of Engineers and the Metropolitan Water Reclamation District of Chicago, which operate and control the system’s facilities. The waterway system connects northern Illinois and Indiana waters to Lake Michigan and, by extension, to the rest of the Great Lakes. The lawsuit alleges that the continued operation of the Chicago Area Waterway System constitutes a public nuisance that threatens all of the Great Lakes, the natural resources within them and the public’s rights to use and enjoy their waters. The suit also seeks review of a series of administrative decisions or omissions by the Corps related to controlling the Asian carp migration.
“This lawsuit is the latest prong in our strategy to secure more focused involvement and action from the federal government on the Asian carp threat,” Cordray said. “We continue to press on all levers available to seek relief from the Congress and the Administration that will help us to protect the ecosystem of the Great Lakes and especially protect Lake Erie for all Ohioans who make their livelihood there or simply who enjoy the lake for boating, fishing, and recreation.”
To view a copy of the complaint, go to OhioAttorneyGeneral.gov/2010AsianCarpLawsuit. Media Contacts:
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