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Attorney General Van Hollen Responds to U.S. Court of Appeals Ruling on Asian Carp

 

“I will continue to work with the Department of Natural Resources and my partners in other Great Lakes states like Michigan to protect our waters,” Wisconsin Attorney General J.B. Van Hollen says.

 

MADISON — Earlier today, the United States Court of Appeals for the Seventh Circuit affirmed a federal district court ruling which denied Wisconsin and other plaintiff states a preliminary injunction to stop the migration of Asian carp into the Great Lakes. 

 

Wisconsin Attorney General J.B. Van Hollen commented on the decision, stating “While we are disappointed that the Court did not grant the immediate relief we are seeking, it did recognize the serious threat posed by Asian carp, and found significant merit in our claims.  I believe the aggressive actions taken by Wisconsin and the other plaintiff states have forced the federal government to take this issue more seriously, and the Seventh Circuit acknowledges as much by suggesting that preliminary relief may very well be granted in the future, should the federal government’s efforts wane.”   

 

In its decision, the Court said, “In our view, the plaintiffs presented enough evidence at this preliminary stage of the case to establish a good or perhaps even a substantial likelihood of harm … In light of the active regulatory efforts that are ongoing, we conclude that an interim injunction would only get in the way.  We stress, however, that if the agencies slip into somnolence or if the record reveals new information at the permanent injunction stage, this conclusion can be re-visited.”

 

Van Hollen added, “I will continue to work with the Department of Natural Resources and my partners in other Great Lakes states like Michigan to protect our waters.  That work will include making important decisions about our litigation options.”

 

Earlier this month, the Wisconsin Department of Natural Resources announced the discovery of Asian carp in the Wisconsin River below the Prairie du Sac Dam, and the discovery of Asian carp DNA in the St. Croix River.

 

A copy of today’s decision is available at the following link:

 

http://www.ca7.uscourts.gov/