From SCOTUSBlog:
In a new phase of the decades-long feud over the environmental health of the Great Lakes, Michigan has sued Illinois directly in the Supreme Court, this time over Michigan’s worries about the invasion of a fish species threatening to local fish populations. As an Original lawsuit, the case will be tried directly in the Supreme Court, if the Justices agree to let Michigan file its complaint. (News articles describing the lawsuit are linked in the blog’s Tuesday Roundup, see below.)
Here is the question presented in the lawsuit: “Whether, because of changed circumstances, the Court should reopen Nos. 1, 2, and 3, Original, to consider Michigan’s request for a Sujpplemental Decree to address a new and substantial infringement of Michigan’s rights — the threatened invasion of the Gr;eat Lakes by injurious fish species — resulting from the Lake Michigan diversion project created and as now maintained by Illinois, the [Metropolitan Water Recalamation District of Greater Chicago] District, and the {U.S. Army} Corps {of Engineers] that is the subject of this case.”
A fact sheet describing the background of the new fish controversy ishere. A news release from the Michigan attorney general’s office is here. The text of a motion for a preliminary injunction is here The lawsuit itself — technically, a motion to reopen a 1980 Supreme Court decree and to issue a new ruling on the fish mgiration question – can be found here. A 142-page appendix is here.
Turtle Talk 