By KEVIN WALKER
Michigan Correspondent

CHICAGO, Ill. — A federal judge has refused a request that locks connecting Chicago area waterways to the Great Lakes be temporarily closed to prevent an infestation of Asian carp into the lakes.

Judge Robert Dow of the U.S. District Court for the Northern District of Illinois refused a request from Michigan and four other states to close off the locks. He said the states had failed to show that closing the locks was absolutely essential to keep out the fish, which can grow rapidly in some environments, reproduce quickly and crowd out other species.

Dow acknowledged that Asian carp are a threat to the Great Lakes, but wrote in his opinion, “Plaintiffs have not met the high burden necessary to obtain a mandatory preliminary injunction.”

Michigan Attorney General Mike Cox reacted angrily to the opinion, which was issued Dec. 2. He called on President Obama, a former U.S. senator from Illinois, to order the barriers shut. Michigan is joined in the lawsuit by Minnesota, Ohio, Wisconsin and Pennsylvania.

“Our legal fight against Asian carp will continue, but President Obama could stop the spread of Asian carp with the flick of a switch,” Cox said. “Obama’s persistent failure to stop Asian carp is a slap in the face to Great Lakes citizens genuinely concerned about preserving their livelihood.”

Joy Yearout, a spokeswoman for Cox, said a clause in the lawsuit allows for opening of the locks when it’s necessary: “The lawsuit allows for the locks to be opened as needed to protect public health and safety, and that includes flooding scenarios.”

Incoming Attorney General Bill Schuette also blames Obama for the festering Asian carp problem. Last September he accused Obama of shilling for Chicago area businesses rather than looking out for the best interests of the region.
“We just need to block the canal, that’s the issue,” Schuette told a Michigan Farm Bureau audience. “It hasn’t been blocked. Why not? The Obama administration refuses to do it. The president is siding with the Chicago shipping interests.”

The defendants in the case, the U.S. Army Corps of Engineers and the Metropolitan Water Reclamation District of Greater Chicago, argue their efforts should be enough to prevent an infestation of the fish into the Great Lakes, despite the fact those efforts have not been 100 percent effective.

Their efforts have included installation of electric barriers in the relevant canals that kill most of the fish that swim into them, periodic poisoning of the waterways and netting of fish to try to detect the presence of any Asian carp beyond the barriers. So far, one live Bighead carp – one of the feared species – has been detected beyond any barriers.

Michigan and the other states involved in the lawsuit must decide if they want to appeal Dow’s denial of their motion for a preliminary injunction to a higher court or continue with a trial. Another hearing is scheduled for Jan. 7, 2011, to determine how the case will advance.