http://www.jsonline.com/news/wisconsin/80731962.htmlChicago responds to Asian carp suit
By Dan Egan of the Journal Sentinel
Posted: Jan. 5, 2010 2:58 p.m.
The fight to keep Asian carp out of the Great Lakes could soon turn testy.
To force the federal government and state of Illinois to do more to block the advance of the jumbo fish, Michigan Attorney General Mike Cox is trying to crack open a decades-old U.S. Supreme Court lawsuit over Chicago's controversial diversion of billions of gallons of Lake Michigan water each day.
He filed his motion just over two weeks ago and has quickly acquired some heavy-duty allies, including the states of Wisconsin, New York, Ohio and Minnesota.
Now Illinois and the co-defendants in the suit - the Army Corps of Engineers and the Metropolitan Water Reclamation District of Greater Chicago - are coming back swinging.
The reclamation district, which manages much of the system that drains some 2.1 billion gallons from Lake Michigan daily, gave the Chicago Tribune a sneak peek at its legal strategy Tuesday when it provided the paper exclusive access to its legal response to the lawsuit - the same day a Tribune editorial likened the threat of a carp invasion to the " 'Attack of the 50 Foot Woman" or 'Invasion of the Body Snatchers.' "
The editorial says now is not the time to start closing locks, as Cox has requested, and it accused Michigan and its supporting states of being in "full panic mode."
"Closing locks that serve as major shipping channels would cause serious economic damage throughout the region and should be considered only a last resort."
Water reclamation district boss Richard Lanyon told the Tribune: "We think that this issue about Asian carp destroying the ecology and the economy of the Great Lakes is just overblown and just fraught with a lot of emotion."
Lanyon pointed out that some Asian carp had long ago been found in Lake Erie as evidence that the fish might not be the ecosystem destroyers so many politicians have painted them to be.
The Journal Sentinel earlier reported that Ontario biologists confirmed three bighead carp had been taken there by 2004, including a 3-foot-long one snagged in a fisherman's net on Oct. 16, 2000. A doctor snorkeling in Lake Erie's main tributary in August 2003 identified two bighead carp lurking just off the riverbed, and the U.S. Geological Survey also reports that a fourth bighead was taken from Lake Erie in 2002.
The fish, according to Asian carp expert and USGS biologist Duane Chapman, likely were released after being purchased at live fish markets, or they may have ridden floodwaters in from fish farms in the 1990s.
But Chapman says no juvenile fish have been found, which would indicate a breeding population has made it into the lake.
Chapman said the same thing could happen if some adults make their way into Lake Michigan up the Chicago Sanitary and Ship Canal.
For a breeding population to get established, "all the factors have to come into alignment," Chapman said last month." That may not happen ever," he said. "It may happen in 10 years. It may happen in 20 years."
But the fish have proven to be ecosystem game changers in some river systems in the Mississippi basin, and Chapman and other biologists say the fish pose a similar threat to the rivers that feed the Great Lakes.
The state of Illinois is expected to file its own response to the Michigan suit sometime later Tuesday, but Michigan's Cox, a gubernatorial hopeful, is clearly feeling emboldened by the regional show of support for his request to shut some Chicago-area navigation locks to keep the fish from invading Lake Michigan.
More significantly, his suit seeks to once again re-separate Lake Michigan from the Mississippi basin. That would mean big - and expensive - changes for the way the water district operates. It could also deal a brutal blow to the barge industry that depends on the canal and locks to operate.
But Illinois' neighbors are saying the economic consequences will also be disastrous if the fish get into the lakes, which sustain a $7 billion industry.
"Five states and a province are now standing with Michigan before the United States Supreme Court in our battle to protect the Great Lakes and the billions in economic activity they create for our economy," said Cox's spokesman.