News reports say the Supreme Court denied Michigan's request to grant cert after Michigan's request for a preliminary injunction was denied by the federal court.
I've written about the problems posed by the Asian Carp invasion into the Great Lakes. The states near the Great Lakes have tried to compel the federal government into taking more robust action to address the invasive species and the threats posed by the carp. My earlier blog posts here, here, here.
The Questions Presented were:
This multi-sovereign dispute involves the imminent invasion of Asian carp into the Great Lakes ecosystem. Although the Seventh Circuit Court of Appeals concluded that catastrophic harm has a “good” or “perhaps even a substantial” likelihood of occurring, Pet. App. 4a–5a, it affirmed the district court’s denial of even the plaintiffs’ most modest requests for injunctive relief. The Seventh Circuit’s opinion raises two questions for this Court’s review:
1. Whether a request for multiple types of preliminary-injunctive relief requires a balancing of harms with respect to each form of relief requested.
2. Whether a party’s statement that it is “considering” implementing the relief requested in a motion for injunction is a ground for denying the injunction.
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