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Michigan v. United States Army Corps of Engineers

ELR Citation: 41 ELR 20289
Nos. 10-3891, (7th Cir., 08/24/2011) Aff'd

The Seventh Circuit denied various states' motion to issue a preliminary injunction compelling the U.S. Army Corps of Engineers to prevent the emigration of invasive silver and bighead carp through the Chicago Area Waterway System into Lake Michigan. The states presented sufficient evidence to demonstrate a substantial likelihood of harm. Nevertheless, the Corps, in collaboration with a great number of agencies and experts from the state and federal governments, has mounted a full-scale effort to stop the carp from reaching the Great Lakes. Moreover, the government has promised that additional steps will be taken in the near future. This effort diminishes any role that equitable relief would play. The court, therefore, concluded that an interim injunction would only get in the way and affirmed the lower court's denial of an injunction, albeit on slightly different grounds.