Jump to Navigation
Jump to Content

Michigan v. United States Army Corps of Engineers

ELR Citation: 40 ELR 20041
Nos. No. 10-CV-4457, (N.D. Ill., 12/02/2010)

A district court denied various states' motion to issue a preliminary injunction compelling the U.S. Army Corps of Engineers to take all available measures to prevent the emigration of invasive silver and bighead carp through the Chicago Area Waterway System into Lake Michigan. In the face of multiagency efforts to prevent Asian carp migration—efforts that have only increased and expanded in the months since this lawsuit was filed—the states have not shown either a sufficient likelihood of success on the merits of their substantive APA or nuisance claims or a sufficient prospect of irreparable harm absent the requested injunction. The evidence does not support the view that the Corps' actions were wrong at all, much less arbitrary and capricious. In fact, there is no evidence that Asian carp have entered Lake Michigan through the system, that the barrier system has not operated with reasonable effectiveness, or that the operation of a lock has adversely affected the states' interests. And because the level of certainty of harm is low based on the evidence adduced to date, it cannot be said that irreparable injury is likely, as must be the case to justify the entry of any preliminary injunction.