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8 Earth Jurisprudence & Envtl. Just. J. 5 (2018)

handle is hein.journals/earjujo8 and id is 1 raw text is: RETHINKING IMMINENT HARM AS IT RELATES TO ASIAN CARP IN LAKE MICHIGAN AND OTHER INVASIVE SPECIES Philip S. Traynor * Lake Michigan and the other Great Lakes are at risk of a devastating invasion of non-native species of carp.' The fish have populated most of the Mississippi River Basin and have essentially taken over stretches of the Illinois River south of Chicago.2 The carp breed prolifically, out- compete other fish for food, and pose dangers to boaters.3 Fortunately, infrastructure is already in place to stop the invasion, but the entities capable of separating the Great Lakes from the carp in the Illinois River have, thus far, refused to implement the policies necessary to hold the invasion at bay.4 On December 2, 2010, a judge for the Northern District of Illinois denied a request for a temporary injunction by a coalition of states bordering the Great Lakes.' The coalition of states sought to force the United States Army Corps of Engineers (Corps) and the Metropolitan Water Reclamation District of Greater Chicago (District) to close all pathways between the Mississippi River basin and the Great Lakes basin. They hoped to prevent invasive species of Asian carp from populating Lake Michigan and the other Great Lakes.6 This article will examine the decision in Michigan v. Army Corps of Engineers where the court compared the treatment of invasive species with other environmental threats in the context of injunctive relief Next, it will describe the harms caused by other invasive species including * Real estate, land use and environmental law attorney, Florida State University College of Law, J.D.. University of Illinois, B.A.. 'Asian Carp Control Strategy Framework, U.S. Envtl. Prot. Agency 3 (2010), asiancarp.us/documents/2014Framework.pdf. 2 Id. at 4. 3 Id. at 24. 4Michigan v. Army Corps ofEngineers, 667 F.3d 765 (7th Cir. 2011). 5 Id. at 747. 6 Id. at 756. 5

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