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Biden DOJ sides with Native American tribe in court filing ripping Canadian pipeline as trespassing

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Biden DOJ sides with Native American tribe in court filing ripping Canadian pipeline as trespassing

The Biden administration’s Department of Justice sided with a Native American tribe in claiming a massive underground pipeline carrying fuel from Wisconsin to Canada is trespassing on tribal lands. 

In an amicus brief filed in the U.S. Court of Appeals for the 7th Circuit, DOJ lawyers agreed with the Bad River Band of the Lake Superior Tribe of Chippewa Indians in arguing that Enbridge Energy Company, is “liable for trespass” due to its operation of Line 5, a pipeline that moves millions of gallons of crude oil and natural gas liquids each day between Superior, Wisconsin and Sarnia, Ontario, 

Roughly 12 miles of Line 5 cross into the Reservation of the Bad River Band in northern Wisconsin, and the pipeline was constructed along “rights-of-way” obtained by the Department of Interior in the 1950s and renewed multiple times over the following decades. Enbridge’s rights-of-way for 12 parcels of land that are at the center of the lawsuit expired in 2013, and the tribe did not consent to their renewal. After the tribe sued in 2019, the Department of Interior denied the energy company’s request for renewal in 2020. 

“Since Enbridge has not obtained renewed rights-of-way, it lacks any legal right to remain on those lands and thus is in trespass,” the brief says. A lower court, the Western District of Wisconsin, “correctly rejected Enbridge’s arguments that the Administrative Procedure Act or the 1992 agreement authorizes it to remain on these lands,” Biden administration lawyers wrote.  

BIDEN ADMIN OKS MAJOR PACIFIC NORTHWEST GAS PIPELINE IN BLOW TO ENVIRONMENTALISTS, DEMS

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The Enbridge oil refinery in Edmonton, Alberta, Canada, on Wednesday, April 5, 2023.  (Jason Franson/Bloomberg via Getty Images)

The Justice Department added that the district court did not properly consider “the potential removal or rerouting of an active international pipeline that falls under a treaty between the United States and Canada regarding transit pipelines.” 

Under the Pipeline Safety Act, “Congress directed the Department of Transportation to adopt and enforce nationwide safety standards for pipeline transportation and facilities, including standards to prevent and mitigate potential environmental damage pipeline operators may cause,” the brief says. The DOJ argues the appeals court should reevaluate Judge William Conley’s decision to close the pipeline by 2026. 

Enbridge Inc., a multinational pipeline company headquartered in Calgary, seen on Jan. 25, 2024, in Edmonton, Alberta, Canada. (Artur Widak/NurPhoto via Getty Images)

“The United States also has a strong interest in ensuring that courts properly consider whether injunctive orders affecting the operation of Line 5 may risk exposing the United States to claims that it has violated its obligations under the Transit Pipeline Treaty and that seek potentially substantial monetary damages, and may affect the United States’ trade and diplomatic relations with Canada — in addition to considering the implications of the Band’s treaty rights,” the brief says.

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The Biden administration supported a total restitution award of roughly $5 million “for a nearly ten-year trespass – while in the same period Enbridge earned well over $1 billion in net profit from Line 5.”  “The intricacy of the equitable factors associated with injunctive relief in this unique case make it all the more important that the court’s monetary award adequately serves the goals of restitution,” the brief says. 

The Enbridge Terminal and Pipelines next to the Suncor Energy Refinery, on August 23, 2023, in Sherwood Park, Strathcona County, Alberta, Canada.  (Artur Widak/NurPhoto via Getty Images)

“We are grateful the US urged the court not to let Enbridge profit from its unlawful trespass. But we are disappointed that the US has not unequivocally called for an immediate end to Enbridge’s ongoing trespass, as justice and the law demand,” Bad River Band Chair Robert Blanchard said in a statement. “Enbridge should be required to promptly leave our Reservation, just like other companies that have trespassed on tribal land. We are hopeful that the appeals court will put an end to Enbridge’s shameful decade of trespass and not condone its exploitation of our land and sovereign rights.”

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“Shutting down Line 5 before relocating the pipeline outside the Reservation would violate the 1977 Transit Pipeline Treaty between the U.S. and Canada. The Government of Canada has made its position clear,” a spokesperson for Enbridge told The Hill. “Such a shutdown is not in the public interest as it would negatively impact businesses, communities and millions of individuals who depend on Line 5 for energy in both the U.S. and Canada.” 

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Illinois

Pritzker signs new Illinois law to install speed-limiters in speeders’ vehicles

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Pritzker signs new Illinois law to install speed-limiters in speeders’ vehicles


A new Illinois law will target so-called “super-speeders,” requiring them to install speed-limiting devices in their vehicles if they commit multiple road violations.

Under provisions of HB 4948, which Illinois Gov. JB Pritzker signed into law on Friday, the state will introduce the “Intelligent Speed Assistance Program,” designed to replace license suspension with a different alternative for drivers.

According to the text of the law, the program will require drivers who have committed two qualifying speeding or reckless driving offenses within a 12-month period to install a speed-limiting device on their vehicles, which will prevent them from exceeding the speed limit.

Drivers would have up to 14 days after their second violation to obtain a permit for the device and to have it installed, and would be issued a restricted driver’s license that only permits them to operate vehicles with the device installed.

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The measure officially goes into effect on Jan. 1, 2028, and passed both chambers of the Illinois General Assembly by large majorities.

Virginia and Washington have already passed similar laws according to the Advocates for Highway and Auto Safety, and Illinois officials are touting the legislation as a more effective alternative to license suspension.

The devices are similar to ignition interlock devices that require drivers to prove they aren’t under the influence of alcohol before they operate a vehicle, according to experts.

Persons enrolled in the program will pay all costs associated with enrollment and participation, with exceptions for low-income residents, according to the text of the legislation.

The policy proposal comes due to a rise in vehicle accidents and speed-related fatalities, according to researchers. According to the text of the legislation, approximately 75% of drivers with suspended licenses continue to drive, citing the National Cooperative Highway Research Program.

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Speeding is a contributing factor in an estimated 29% of all traffic fatalities, resulting in 12,000 deaths annually according to the National Highway Traffic Safety Administration.

Illinois lawmakers call fines, licenses points and suspensions “insufficient” in addressing the problem of chronic speeding, and the devices would be aimed at improving driver safety while also allowing drivers to continue operating their vehicles even after multiple traffic offenses, rather than suspending their licenses outright.

Washington lawmakers cited data showing year-over-year increases in speeding-related fatalities since 2019 when they passed their version of the bill last year.



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Indiana

Its been my dream school ever since I was little Micah Mohler on receiving an Indiana scholarship offer

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Its been my dream school ever since I was little  Micah Mohler on receiving an Indiana scholarship offer


For Micah Mohler, it’s no longer just a dream. He has the opportunity to play basketball at Indiana. The 6-foot-5 class of 2029 guard from Austin (IN) High School grew up wanting to play for the Hoosiers. He now has a scholarship offer and the chance for Bloomington to be his college home.



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Iowa

Iowa City school board selects familiar face as interim superintendent

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Iowa City school board selects familiar face as interim superintendent


IOWA CITY, Iowa (KCRG) – The Iowa City Community School District Board of Education has hired Amy Kortemeyer as the district’s new interim superintendent, effective July 1, 2026.

Kortemeyer brings more than three decades of experience in education, including several leadership roles within ICCSD.

She previously served as the district’s deputy superintendent from 2021 to 2023, assistant superintendent from 2016 to 2021, and director of elementary schools in 2015.

As of recent, Kortemeyer served as superintendent of the Linn-Mar Community School District.

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Background and qualifications

Kortemeyer has held leadership roles in both Iowa City and Linn-Mar, serving as a superintendent, district-level curriculum leader, elementary principal and a classroom teacher.

She holds a superintendent’s certification and a master’s degree in elementary reading and language arts from the University of Northern Iowa, and a bachelor’s degree in elementary education from the University of Iowa.

In 2020, Kortemeyer was named a School Administrators of Iowa Central Office Administrator.

In 2016, she was selected for the American Association of School Administrators Aspiring Women Leaders Program.

Board response

“Amy brings a wealth of experience, a deep understanding of our district, and a proven record of educational leadership,” said Ruthina Malone, president of the Iowa City Community School District Board of Directors.

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“We are confident her leadership will bring stability to the district and gain confidence back from the community in our financial situation. Amy has the skillset to really serve our district well as our interim superintendent, and we are excited to work with her.”

Kortemeyer said she is honored to return to the district.

“I am honored by the opportunity to return to the Iowa City Community School District as interim superintendent,” Kortemeyer said. “Having previously served here, I know firsthand the dedication of our educators, staff, students, families, and community members. I am grateful to work in collaboration with the Board and our employees to provide leadership during this time of transition as we support student success, strengthen relationships, and prepare the district for its next leader.”

Role and responsibilities

As interim superintendent, Kortemeyer will work with the Board of Directors, district staff, students, families and community partners.

Her role will include supporting the district’s strategic priorities and preparing for the transition to a permanent superintendent.

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