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Supreme Court Won't Order Lock Closing
Tuesday, 19-Jan-2010 1:44PM United Press International
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WASHINGTON, Jan. 19 (UPI) -- The U.S. Supreme Court Tuesday refused to issue a temporary order closing Chicago-area locks to keep the invasive Asian carp out of Lake Michigan.

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The refusal did not mean the high court will not hear a case brought earlier by Michigan to close the locks, but it is not a good omen. The justices only grant such temporary injunctions when a petitioner has shown it has a chance it can win the case on the merits.

Tuesday's refusal came in three cases brought by Wisconsin, Michigan and New York, all vs. Illinois. Minnesota joined the plaintiffs. "The motion of Michigan for preliminary injunction is denied", the court said. There were no further comments or dissents.

The Obama administration had opposed closing the locks on waterways linking Lake Michigan and the Mississippi River, saying it would hinder commerce. The Metropolitan Water Reclamation District, a Cook County agency, told the Supreme Court last week that a preliminary injunction could have "potentially disastrous effects of flooding and impacts on public safety and health in the Chicago area", Crain's Chicago Business reported.

Michigan, Ohio and Minnesota argued closing the locks would protect the Great Lakes' $7-billion-a-year fishing industry from the voracious carp that can grow to more than 100 pounds. Asian carp DNA has been detected and one invasive carp was found when a section of the waterway was poisoned.

The water district owns the locks. They were built to reverse the flow of the Chicago River and prevent pollution from reaching Lake Michigan and contaminating the source of much of the region's drinking water. The locks are also used to prevent flooding by diverting storm water following major storms.

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