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Judge throws out Asian carp lawsuit

Asian carp are headed toward Wisconsin waters and pose a threat to boater safety, fishing, and ecosystem health. Photo courtesy Chris Olds, USFWS.

CHICAGO - Minnesota and four other states will have to try some other tactic to keep Asian carp out of the Great Lakes. A federal judge has thrown out a lawsuit by Minnesota, Wisconsin, Michigan, Ohio and Pennsylvania, calling for permanent barriers near Chicago to keep the invasive species from entering Lake Michigan.

Judge John Tharp says federal law requires shipping channels to be open -- and new dams are prohibited But the judge added the states could set up the barriers if they go through Congress -- or take other court action, such as filing a nuisance claim.

In other words, the judge states "There may be room in which the states can still maneuver."