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MICHIGAN v. U.S. ARMY CORPS OF ENGINEERS

No. 12-3800.

758 F.3d 892 (2014)

State of MICHIGAN, et al., Plaintiffs-Appellants, and Grand Traverse Band of Ottawa and Chippewa Indians, Intervenor-Plaintiff-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS and Metropolitan Water Reclamation District of Greater Chicago, Defendants-Appellees, and City of Chicago, et al., Intervenors-Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 14, 2014.

Attorney(s) appearing for the Case

Robert P. Reichel , Office of the Attorney General of the State of Michigan, Lansing, MI, Cynthia R. Hirsch , Office of the Attorney General Wisconsin Department of Justice, Madison, WI, David P. Iverson , Office of the Attorney General, St. Paul, MN, Lee Ann Rabe , Office of the Ohio Attorney General, Columbus, OH, J. Bart Delone , Office of the Attorney General, Harrisburg, PA, William C. Rastetter , Attorney, Olson, Bzdok & Howard, P.C., Traverse City, MI, for Plaintiffs-Appellants/Intervenor-Plaintiff-Appellant.

Michael T. Gray , Department of Justice Office of Counsel-US Army Corps of Engineers, Jacksonville, FL, Ronald M. Hill , Metropolitan Water Reclamation District of Greater Chicago, Chicago, IL, for Defendants-Appellees.

Benna Ruth Solomon , City of Chicago Law Department, Kathleen Cunniff Ori , McGuirewoods LLP, David L. Rieser , Much Shelist, P.C., Stuart P. Krauskopf , Law Offices of Stuart P. Krauskopf, Chicago, IL, for Intervenors-Defendants-Appellees.

Before WOOD, Chief Judge, and MANION and WILLIAMS, Circuit Judges.

WOOD, Chief Judge.

Meddling with Mother Nature is not always a good idea, as the ongoing saga of the Asian carp illustrates. The unfortunate confluence of two interventions — the linkage of the Mississippi River system to the Great Lakes and the effort to control weeds in southern aquatic farms by importing Asian carp, a voracious non-native fish — has led to a situation in which two particular species of carp have overwhelmed the Mississippi River and...

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