Michigan said its renewed motion came in response to new DNA evidence of Asian carp getting past the O’Brien Lock and into Lake Michigan. That information was not delivered to the court by the federal government prior to the court’s first decision on Jan. 19 not to grant a similar injunction. Cox also delivered a new economic study by a Wayne State University transportation expert, which showed much lower potential losses to the Chicago economy than claimed by the State of Illinois.
The American Waterways Operators (AWO), the national trade association for the American tugboat, towboat and barge industry, had hailed the original decision, and said robust measures can protect the Great Lakes from the invasive carp without sacrificing jobs.
“Our motion was an extraordinary attempt to protect the Great Lakes, but we felt it was necessary to because the court deserved to have access to the new DNA and economic information before making a decision,” Cox said. “We will continue to focus on the reopening of the diversion case in April, with the goal of developing an effective plan to protect the entire Great Lakes region from the devastating threat of Asian carp.”
Cox noted that Michigan’s request to reopen the “Chicago Diversion” case is supported by Pennsylvania, New York, Ohio, Wisconsin, Minnesota, Indiana and the Province of Ontario. The Supreme Court has scheduled an April 16 review of Michigan’s request for hearings to develop a long-term solution to protect the ecology and economy of the Great Lakes.
Cox said President Obama, who previously pledged a zero tolerance policy for new invasive species in the Great Lakes, should act immediately to at least temporarily close the locks.
