The U.S. Supreme Court announced today that it will not consider the case in which Michigan and four other states sought to block invasive carp by closing the canal that connects the Great Lakes basin to the Mississippi River system, the Detroit Free Press reports.
The states could pursue the issue in state or federal court in Illinois, according to Nick Schroeck, executive director of the Great Lakes Environmental Law Center in Detroit.
“The fight to protect Michigan now falls to President Obama and Congress,” said [Michigan Attorney General Mike] Cox in a statement. “While President Obama has turned a blind eye to the millions of Great Lakes residents who do not happen to live in his home state of Illinois, it is now up to him to save thousands of Michigan jobs and our environment.”
Henry Henderson directs of the Natural Resources Defense Council’s Midwest Program which had filed an amicus brief with the Court on behalf of the Michigan case.
In a statement Henderson said he expects the case to be quickly moved to another venue.
“The Great Lakes states and provinces have justified concerns over the threat posed by Asian carp and the infrastructure that allows the fish’s advance on Lake Michigan. The Great Lakes Compact, due largely to language pushed through by the State of Illinois, had directed that these interstate conflicts be addressed in the Supreme Court. As a result, we will certainly see this action moved to another legal venue. And I would guess, quickly. In the meantime, NRDC and the other NGO groups will be working to help bring about a thoughtful permanent solution.”
The court’s decision is here.