On December 23, we posted an article about the Lake Michigan Asian carp dispute. In December, Michigan Attorney General Mike Cox asked the United States Supreme Court to close all waterways from Illinois leading to Lake Michigan, to prevent Asian carp from reaching the Great Lakes.
Last week, the Supreme Court refused to immediately close the waterways. However, the Court did not explain the reasons for its ruling, nor did it indicate whether it would rule to close the waterways at some point.
Just hours after the Court issued its ruling, it was announced that Asian carp DNA had been detected in Calumet Harbor, part of Lake Michigan near Chicago. It is unclear whether this finding will influence the Supreme Court, or cause it to reconsider its prior ruling.
Michigan has been joined in its fight by Ohio, Indiana, Wisconsin, Minnesota, Pennsylvania, and New York (all the Great Lakes border states except Illinois), as well as Ontario. President Obama has invited the governors of these states to a summit to be held next month regarding these issues.
Various members of Congress are also looking at possible solutions for the Asian carp problem. A bipartisan group is looking at measures to poison the Asian carp; to strengthen an electronic barrier in the Chicago waterways; and other options. Additionally, U.S. Rep. Dave Camp (Midland), introduced a bill called the Carp Act, which would close the waterways, and strengthen protections against Asian carp within the waterways, without the Supreme Court’s involvement.
Not surprisingly, the shipping industry opposes the closure of the waterways leading from Chicago to Lake Michigan. At this point, it appears to be up to the Supreme Court, Congress, and/or the President to decide whether protecting the Great Lakes from Asian carp is more important than allowing commercial shipping between the Great Lakes and the Mississippi River (through Chicago).
Stay tuned for further updates. Also, see these articles in The Detroit News for more information: http://bit.ly/cfUu7V, http://bit.ly/83fqws, http://bit.ly/6WoS1, and http://bit.ly/aSDOEd.
This article was written by Melissa L. Demorest, Associate at Demorest Law Firm.
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