A federal judge is threatening to permanently dismiss a lawsuit filed by Ohio and four other Great Lakes states over threats posed by the Asian carp.
Judge John Tharp issued an order Monday dismissing the claims, but he says they can amend the lawsuit. He gave the state attorneys general until January 11th to file amended claims against the Army Corps of Engineers. The lawsuit sought an order requiring the corps and Chicago's Metropolitan Water Reclamation District to create a physical barrier in waterways that connect Lake Michigan to the Mississippi River watershed to help prevent the Asian carp from reaching the Great Lakes. The judge says the action demanded by plaintiffs is outside the corps' authority.