Michigan Attorney General Mike Cox today announced that a federal judge has scheduled the first hearing on the merits of Michigan’s lawsuit addressing the threat of Asian carp, filed in the U.S. District Court for the Northern District of Illinois.  Attorneys general from Wisconsin, Minnesota, Pennsylvania and Ohio have joined Cox in his lawsuit, which was filed July 19, 2010 due to the Army Corps’ dismal record of inaction in confronting Asian carp.  Judge Robert M. Dow, Jr. yesterday confirmed that the first hearing in the case will be on Monday, August 23, 2010, with two days reserved for live testimony during the week of August 30, 2010, if the Court determines it is needed.

“The future of our water-based economy and environment is hanging in the balance," said Cox.  “The Great Lakes will now get their day in court.”  
At the hearing, Judge Dow will consider Michigan’s motion for Preliminary Injunction, which calls for several short-term responses to the Asian carp threat, the need for which was made clear by the recent capture of a live bighead carp in Lake Calumet, six miles from Lake Michigan and beyond any barriers. Michigan’s motion calls for the temporary closure of the O’Brien and Chicago Locks and blocking other pathways in the Chicago water system, except as needed to protect public health and safety, among other actions.