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Thursday, February 18, 2010

Environment - More on "Indiana Attorney General Zoeller to support Michigan in Asian carp lawsuit"

Updating this ILB entry from Dec. 30, 2009, which quoted an AG Zoeller press release from that date, today the AP is reporting:

Indiana's attorney general is preparing to file a legal brief supporting Michigan's lawsuit aimed at keeping the Asian carp out of the Great Lakes.

Attorney General Greg Zoeller's office says he'll file a friend-of-the-court brief with the U.S. Supreme Court on Friday supporting at least in part Michigan's lawsuit.

Michigan wants the Supreme Court to order the closure of the Chicago shipping locks to keep Asian carp out of Lake Michigan because the fish could devastate the Great Lakes fishing industry.

Five other Great Lakes states support Michigan's suit. Although Zoeller's brief will also support the suit, his office hasn't said how the brief would stand on the lock closure issue.

Indiana Gov. Mitch Daniels has opposed closing the locks.

From the Dec. 30th press release:
Indiana Attorney General Greg Zoeller said today he will file a friend-of-the-court brief supporting Michigan’s effort to keep Asian carp from invading Lake Michigan through Illinois waterways.

Zoeller plans to draft an amicus brief siding with Michigan in its lawsuit against the State of Illinois and the U.S. Army Corps of Engineers. The brief will be filed in the United States Supreme Court, which hears disputes between states. * * *

The amicus brief Zoeller’s office is drafting will argue that the Corps of Engineers and Illinois should be required to take all necessary steps to stop the immediate risk of environmental harm to Lake Michigan. Zoeller’s office is researching legal and technological options available to halt the spread of carp from the Chicago River and man-made channels while not unduly impeding commercial barge traffic near Northwest Indiana.

“I am sensitive to concerns about the free flow of commerce along the waterways. In this case, however, the Lake Michigan fishing industry -- which affects Hoosiers in Northwest Indiana -- is at stake. Under the principle of state sovereignty, our office has an obligation to stand with the other state attorneys general to act swiftly to prevent an environmental hazard in one state from spreading to another state,” Zoeller said.

Posted by Marcia Oddi on February 18, 2010 09:41 AM
Posted to Environment