CHICAGO (AP) - The
U.S. Court of Appeals in Chicago has upheld a lower court ruling dismissing
a lawsuit filed by five states seeking the placement of barriers to keep
Asian carp from invading the Great Lakes.
Wisconsin, Minnesota, Ohio and Pennsylvania claim the U.S. Army Corps of
Engineers and Chicagoís Metropolitan Water Reclamation District are causing
a public nuisance by failing to physically separate a network of rivers and
canals from Lake Michigan.
The appeals court
ruled Monday that the states have failed to make a claim for which relief
can be granted. The appeals court said the states havenít alleged facts that
the corps or the water reclamation district are operating the Chicago Area
Waterway System in a manner that is likely to allow Asian carp to reach Lake