Supreme Court won’t close waterway to stop Asian carp

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The Supreme Court turned back a dispute over the Asian carp today, rejecting a request from Michigan and other Great Lakes states to force Illinois to stop the flow of water from its rivers into Lake Michigan in order to prevent an invasion of the voracious fish.

In a brief order, the justices said they had denied the “motion of Michigan for preliminary injunction.”

The court’s decision leaves it to the state and federal officials in Illinois to prevent the Asian carp from reaching the Great Lakes.

After Michigan filed its request before the high court, the justices were told that the U.S. Army Corps of Engineers operates the locks between the rivers and Lake Michigan. For this reason, U.S. Solicitor General Elena Kagan had urged the justices to reject Michigan’s motion. She said Michigan should have sued the Army Corps, rather than the state of Illinois.

It appears the justices took her advice and steered clear of the dispute between Michigan and Illinois.

-- David G. Savage