Judge throws out lawsuit over fish virus

DULUTH, Minn. (AP) - A lawsuit aimed at keeping a deadly fish disease out of Lake Superior has been thrown out of federal court.

Four groups brought the lawsuit to compel several federal agencies to take steps to stop the spread of the disease, known as VHS.

The fish disease has turned up in all the Great Lakes except Lake Superior. It's believed to move with fish sucked up in ship ballast water.

U.S. District Judge James Rosenbaum dismissed the lawsuit last week, saying the groups lacked the right to sue - in part because the disease hasn't reached Lake Superior, so no harm has been done.

Curt Leitz with the Izaak Walton League in Duluth says the groups might appeal the court's decision.

I'm sure that in due time, Lake Superior will also be threatened with the disease. It may already be threatened, it's just too early for them to realize it.

That sucks.