Appeals court upholds tossing of Asian carp suit

The U.S. Court of Appeals in Chicago has upheld a lower court ruling dismissing a lawsuit filed by five states seeking the placement of barriers to keep Asian carp from invading the Great Lakes.

Michigan, Wisconsin, Minnesota, Ohio and Pennsylvania claim the U.S. Army Corps of Engineers and Chicago's Metropolitan Water Reclamation District are causing a public nuisance by failing to physically separate a network of rivers and canals from Lake Michigan.

The appeals court ruled Monday that the states have failed to make a claim for which relief can be granted.

The appeals court said the states haven't alleged facts that the corps or the water reclamation district are operating the Chicago Area Waterway System in a manner that is likely to allow Asian carp to reach Lake Michigan.