CHICAGO (AP) --A judge last Friday delayed action on scheduling proceedings in the trial of a lawsuit that seeks closure of Chicago-area shipping locks to prevent Asian carp from reaching Lake Michigan.
Attorneys met in Chicago with U.S. District Judge Robert Dow, who in December rejected a motion by Michigan, Wisconsin, Minnesota, Ohio and Pennsylvania to close the locks temporarily while their suit against the U.S. Army Corps of Engineers and Chicago's municipal water agency moves ahead.
The lawsuit calls for cutting biological links between the Great Lakes and Mississippi River watersheds to prevent species from moving between them.
Bighead and silver carp have migrated up the Mississippi River and its tributaries in recent decades and are threatening to invade the Great Lakes -- where biologists fear they could starve out competitors for plankton, the foundation of the aquatic food web, and damage the $7 billion fishing industry.
Shipping interests and the Obama administration oppose closing the locks, saying to do so would damage the Chicago-area economy and might not stop the carp anyway.
Attorneys for defendants in the case -- Chicago and the federal government -- want to delay action on the suit while the states appeal Dow's ruling from last month. Last Friday, the judge told the defense team to put the request in writing by Jan. 21. The five states then will have until Feb. 4 to respond, and the defendants will get another week to make final arguments.
Dow then would decide whether to freeze action or begin setting deadlines leading to a trial.
"In the meantime, we plan to move forward with the appeal of our motion calling for immediate measures to stop Asian carp as the case proceeds," said Joy Yearout, spokeswoman for Michigan Attorney General Bill Schuette.
Published: Tue, Jan 11, 2011
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