On November 20, 2009, the
Corps of Engineers announced a single sample of DNA from
Asian carp had been found above the electric barrier constructed in the canal in an attempt to prevent carp from migrating into the
Great Lakes. The
silver carp, also known as the flying carp, displace native species of fish by filter feeding and removing the bottom of the food chain. It migrated through the
Mississippi River system, and could make its way into the
Great Lakes, through the man-made canal. Carp were introduced to the U.S. with the blessing of the
Environmental Protection Agency (EPA) in the 1970s to help remove algae from catfish farms in Arkansas. They escaped the farms. On December 2, 2009, the Chicago Sanitary and Ship Canal closed, as the EPA and the
Illinois Department of Natural Resources (IDNR) began applying a fish poison,
rotenone, in an effort to kill Asian carp north of Lockport. Although no Asian carp were found in the two months of commercial and electrofishing, the massive
fish kill did yield a single carp. On December 21, 2009,
Michigan Attorney General Mike Cox filed a lawsuit with the
Supreme Court seeking the immediate closure of the Chicago Sanitary and Ship Canal to keep Asian carp out of
Lake Michigan. The state of Illinois and the Corps of Engineers, which constructed the Canal, are co-defendants in the lawsuit. In response to the Michigan lawsuit, on January 5, 2010,
Illinois State Attorney General
Lisa Madigan filed a counter-suit with the Supreme Court requesting that it reject Michigan's claims. Siding with the State of Illinois, both the Illinois Chamber of Commerce and the
American Waterways Operators have filed affidavits, arguing that closing the Chicago Sanitary and Ship Canal would upset the movement of millions of tons of vital shipments of
iron ore,
coal,
grain and other cargo, totaling more than $1.5 billion a year, and contribute to the loss of hundreds, perhaps thousands of jobs. However, Michigan along with several other Great Lakes states argue that the sport and commercial fishery and tourism associated with the fishery of the entire Great Lakes region is estimated at $7 billion a year, and impacts the economies of all Great Lakes states and Canada. On January 19, 2010, the U.S. Supreme Court rejected the request for a preliminary injunction closing the canal. In August 2011, the
United States Court of Appeals also rejected the preliminary injunction. ==Renaming==