Tuesday, February 28, 2012

U.S. Supreme Court Denies States' Asian Carp Suit

Feb 27: In a brief order by the U.S. Supreme Court, in the case of Michigan, et al., Petitioners v. United States Army Corps of Engineers, et al. (SupCt No. 11-541) denied the States' petitions for writs of certiorari. The Order notes that Justice Kagan took no part in the consideration or decision of these petitions.
    On October 26, 2011 Michigan Attorney General Bill Schuette filed a request for appeal with the Supreme Court to review a U.S. Court of Appeals decision that denied the request of five Great Lakes states for an immediate injunction against the U.S. Army Corps of Engineers [See WIMS 10/26/11]. Michigan and the states of Minnesota, Ohio, Pennsylvania and Wisconsin were requesting that the Army Corps greatly speed up their study on the ecological separation of the Lake Michigan and Mississippi basins to prevent the advancement of invasive Asian carp toward Lake Michigan. Additionally the states requested an injunctive order compelling the Corps to place block nets in the Little Calumet and Grand Calumet Rivers.
    On August 24, 2011, the U.S. Court of Appeals for the 7th Circuit in Chicago issued a ruling on a preliminary injunction request concluding that Michigan's lawsuit had "a good or even substantial likelihood of success on the merits of their public nuisance claim." [See WIMS 9/6/11]. Despite the recognition of the real threat posed by Asian carp, the Court denied the states' request. The states then decided to appeal. The states' petition asked the Supreme Court to overturn the 7th Circuit decision and order.
    Access the Supreme Court order (click here, page 6). Access the Supreme Court docket in the case (click here). Access the 32-page Petition for a Writ of Certiorari (click here). [#GLakes, #SupCt]
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