Unwilling and Unable: Judicial and Administrative Responses to the Asian Carp Threat in the Great Lakes

Abstract

In 2012, Congress passed the Stop Invasive Species Act, which directed the Army Corps of Engineers to submit an action plan outlining ways to prevent the transfer of Asian Carp from the Missouri Basin into the Great Lakes. However, the Corps’ actions have proved ineffective, and the Asian Carp creep closer to the Great Lakes. In light of this, the Great Lakes states filed a public nuisance suit against the Corps for failing to prevent the transfer of Asian Carp. This Note considers whether public nuisance litigation or administrative action is better suited to prevent the spread of the Asian Carp.