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Court again refuses Asian carp injunction

WASHINGTON, March 22 (UPI) -- The U.S. Supreme Court Monday again refused a Michigan request to order the U.S. government and others to keep Asian carp out of Lake Michigan.

The denial was without comment.

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The justices had turned down a similar request in January, also without comment, but the state said it had new evidence showing migration of the invasive species into the lake.

SCOTUSblog.com reported Monday's refusal did not affect a separate Michigan request to reopen an "original" case -- original cases are brought by states against states -- that also includes the Asian carp issue.

On Jan. 19, the high court initially refused to issue a temporary order closing Chicago-area locks to keep the invasive carp out of Lake Michigan.

The January refusal came in three "original" 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 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.

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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.

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