CHICAGO – Efforts to close the Chicago Canal locks to keep the Asian carp from getting into the Great Lakes were set back by the U.S. 7th Circuit Court of Appeals, but the court also said it may reconsider the question if steps to prevent the invasive species drag.

The decision by the Chicago-based court was the latest setback for Michigan and the other Great Lakes states (save for Illinois) which had sued to force Illinois to take more aggressive steps to block the ravenous species from getting into the Great Lakes and possibly devastating the commercial and sports fishing industries.

The other states had sued to compel closure of the locks at the Chicago canal, which connects the Great Lakes to the Mississippi River. Closing the locks is seen as the best hope of keeping the fish out of Lake Michigan, but Illinois and Chicago argued closing the locks would cause greater economic harm.

DNA samples taken near Lake Michigan has indicated the carp may have gotten past electric fences installed in the Illinois River to block their progress.

Last winter, the U.S. District Court in Chicago ruled against the plaintiffs, and the concurrence of the appeals panel could mean the option is lost to the other states.

But the appeals judges also said they were “less sanguine about the prospects of keeping the carp at bay.” While the plaintiffs might not succeed with their lawsuit, they did present enough evidence to show a “substantial likelihood of harm” should the carp get into the Great Lakes.

The federal government has prepared to spend $120 million to take steps to stop the carp, so closing the locks might interfere with that process, the judges said.

“We stress, however, that if the agencies slip into somnolence or if the record reveals new information at the permanent injunction stage, this conclusion can be revisited,” the court said.

A spokesperson for Attorney General Bill Schuette expressed disappointment with the ruling, but vowed the fight will go on.

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