CHICAGO (AP) — A federal judge Monday threw out a lawsuit filed by five states that want barriers placed in Chicago-area waterways to prevent Asian carp from invading the Great Lakes, but said he would consider new arguments if the case were filed again.

Michigan, Wisconsin, Minnesota, Ohio and Pennsylvania claimed that 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.