TRAVERSE CITY, Mich. (AP) — The U.S. Supreme Court on Tuesday refused to
order immediate closure of shipping locks near Chicago to prevent Asian carp
from infesting the Great Lakes.
The court rejected a request by Michigan for a preliminary injunction to
close the locks temporarily while a long-term solution is sought to the
threatened invasion by the ravenous fish. The one-sentence ruling didn’t
explain the court’s reasoning.
Asian carp, primarily bighead and silver varieties, have been migrating up
the Mississippi and Illinois rivers toward the Great Lakes for decades. They
have swarmed waterways near Chicago leading to Lake Michigan.
Scientists fear that if they reach the lakes, they could disrupt the food
chain and endanger the $7 billion fishery.
The biggest Asian carp can reach 4 feet in length and weigh 100 pounds while
consuming up to 40 percent of their body weight daily in plankton, the
foundation of the Great Lakes food web.
Many scientists say they could starve out popular species such as trout and
They also are spooked by passing motors and often hurtle from the water,
colliding with boaters forcefully enough to break bones.
Officials poisoned a section of the canal in December after discovering
genetic material that suggested at least some carp might have eluded an
electric barrier on the Chicago Sanitary and Ship Canal and could be within
six miles of Lake Michigan. If so, the only other obstacles between them and
the lake are shipping locks and gates.
Last week, the U.S. Army Corps of Engineers said additional carp DNA — but
no live fish — had been found in three different spots along the Chicago
River within a mile of where it flows into Lake Michigan.
Michigan, joined by Minnesota, New York, Ohio and Wisconsin and the Canadian
province of Ontario, asked the high court to order the locks closed as a
stopgap measure while considering a permanent separation between Lake
Michigan and the Mississippi River basin.
“While this action means that the court will not order an immediate closure
of the locks ... it does not mean that no action will be taken in the case,”
said Josh Mogerman, spokesman for the National Resources Defense Council.
“There is still a significant possibility that the court will issue a
decision regarding Michigan’s broader requests for action on this issue.”
The state of Illinois, backed by the Obama administration, fought the
proposal. They said the DNA samples weren’t sufficient evidence that the
carp were on the verge of slipping into Lake Michigan, and said closing the
locks would damage shipping and passenger traffic on the busy waterway.
A message seeking comment was left Tuesday with Illinois Attorney General
Lisa Madigan’s office.