SCOTUS Says "Not Us" on Asian Carp Issue

Legal fight over invasive species in Great Lakes will move to other courts

Chicago, IL (April 26, 2010) – The Supreme Court today denied Michigan and the other Great Lakes states’ request to reopen the standing case before the Court over the Chicago Diversion. The Court’s short decision can be found here.

NRDC filed an amicus brief with the Court on behalf of the Michigan case. The Great Lakes community operated with the understanding that disputes relating to the Chicago Waterway System were to be referred to the Supreme Court and the case already before it. This is reflected in the language of the Great Lakes Compact, recently passed by the Congress.

Following are comments from Henry Henderson, director of the Natural Resources Defense Council's Midwest Program:

“This fight is not over, it is simply shifting. By choosing not to engage, the Justices have opened other venues for addressing the invasive species threat. Sadly, the Court has stepped away from nearly a century of effective engagement with the important intersection of the Chicago Waterway System and the health of the Great Lakes.

“With all that is at stake, it is likely that we will see this action moved to another legal venue. In the meantime, NRDC and the other NGO groups will be working to help bring about an effective, permanent solution to protect the Great Lakes and the community that depends upon them.”

Henry Henderson and his colleague Thom Cmar have blogged extensively on the Asian carp issue: