Federal Judge Denies Preliminary Injunction in Asian Carp Litigation

Bighead carp. USFWS Photo.
Bighead carp. USFWS Photo.

ILLINOIS – Earlier this month Judge Robert M. Dow released his order denying the preliminary injunction sought by plaintiffs regarding Asian carp and the Chicago Area Waterway System (CAWS).  Judge Dow concluded that the plaintiffs, the State of Michigan and others, had not adequately demonstrated that the potential for harm caused by Asian carp was either likely or imminent to the extent that judicial intervention in the form of an injunction was warranted at this time.  Among numerous actions sought, the plaintiffs were seeking to temporarily close and cease operations of the O’Brien Lock and Dam and the Chicago River Controlling Works, as well as the use of rotenone in strategic locations to supplement physical barriers.  

Please click here to read Judge Dow’s complete Memorandum Opinion and Order.


 

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