Wisconsin
DOJ weighs in on Line 5 trespass on tribal land in Wisconsin
Federal government finds trespass is illegal, makes no move to remove pipeline
UPPER PENINSULA — The Enbridge Line 5 pipeline has been found to be illegally trespassing on tribal land in Wisconsin, but will not be moved any time soon.
After years of court arguments, lawsuits and delays, the federal government announced this week that Enbridge is in fact trespassing on land owned by the Bad River Band of Lake Superior Chippewa, but made no move to force the pipeline off the land.
Tribal groups in the Great Lakes region expressed relief that Enbridge’s trespassing is being viewed as a crime after more than 10 years, but are still angry that no move is being made to remove the pipeline.
The Department of Justice announcement urged the courts to penalize Enbridge for its continued trespassing but also suggested the courts could allow Enbridge to continue trespassing illegally.
“Today, the United States agreed that Enbridge’s ongoing occupation of our land is illegal. We are grateful the U.S. urged the court not to let Enbridge profit from its unlawful trespass,” said Bad River Band Chairman Robert Blanchard in a statement. “But we are disappointed that the U.S. has not unequivocally called for an immediate end to Enbridge’s ongoing trespass, as justice and the law demand. 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.”
Built in 1953, Enbridge Energy’s Line 5 spans 645 miles from Superior, Wisconsin to Sarnia, Ontario. The line transports light crude oil and natural gas liquids. Four miles of the pipeline — consisting of two, 20-inch pipelines — crosses through the Straits of Mackinac.
Line 5’s continued presence in the Straits of Mackinac has sparked serious concern from environmental groups and other advocates about the devastating risk of rupture. On the other side, proponents of the pipeline point to the economic impact and need for fuel transportation.
More: As legal sparring continues, Army Corps pushes Line 5 permit timeline to 2025
All 12 of Michigan’s federally recognized tribes, as well as tribes in Wisconsin, Minnesota and Canada, have passed resolutions calling for the decommissioning of Line 5.
While tribal communities express concerns about a possible oil spill and potential ecological harm, the Great Lakes are also significant in the creation stories of the Anishinaabe tribes.
On March 21, Michigan Attorney General Dana Nessel delivered oral arguments at the Sixth Circuit U.S. Court of Appeals in an attempt to bring the Line 5 decommission lawsuit back to the state of Michigan.
The Nessel vs. Enbridge lawsuit was originally filed in 2019 in Michigan, arguing that the 1836 Treaty of Washington guarantees these tribes the right to maintain their way of life in the ceded territory — a right, they claim, that will be destroyed if an oil spill from the pipeline contaminates the waters.
“We expect a fair trial that upholds the promises the United States government made to our ancestors,” said Sault Ste. Marie Tribe of Chippewa Indians Chairman Austin Lowes. “We are going to present the facts behind our case and will never stop standing up for our rights as Indigenous people and the sovereignty of our nation.”
Enbridge has successfully delayed the case multiple times and had it removed from state to federal court.
“If the United States supports Enbridge, it would destroy not only both tribal sovereignty but also state sovereignty with respect to the ability to manage land, resources and water for their citizens,” said Bay Mills Indian Community President Whitney Gravelle.
Lowes added that “Our treaty with the United States government predates any treaty that Enbridge is using in an attempt to justify its illegal pipeline operations.”
“Our case isn’t just about whether Enbridge can continue operating Line 5, but it could impact every federally recognized tribe’s right to control what happens on their land,” he said.
The Seventh Circuit Court of Appeals requested federal input in December 2023. After this, in early March, leaders of 30 Tribal Nations in the Great Lakes region sent a letter to President Joe Biden urging the United States to take action against Line 5’s trespass on the Bad River Band’s sovereign territories.
The Biden Administration has not responded to either request.
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More than 60 Tribal Nations supported Nessel in a motion to bring the case back to state court. The arguments for keeping the case in federal court or moving it back to state court were heard during the March 21 hearings at the Sixth Circuit U.S. Court of Appeals in Cincinnati.
Nessel maintains that this case belongs in state court based on Michigan’s sovereign responsibility to protect the public trust in the waters of the Great Lakes. She argued to the court that taking the case out of state court because Enbridge prefers a federal forum violates Michigan’s right to have state claims resolved in state court.
“The case law regarding a Tribal Nation’s sovereign right to maintain their homelands and thus their reservations is a core aspect of tribal sovereignty and any position to the contrary would be unexpected and shocking,” said Gravelle.
Assistant Attorney General Dan Bock argued to the Sixth Circuit that by waiting more than two years to move the case to federal court, Enbridge’s removal was untimely and must be rejected. Bock also argued that, timing issues aside, the federal court misapplied the law when it ruled that the case belongs in federal court rather than state court.
Enbridge’s attorney Alice Loughran argued that the removal to federal court was timely, and it should remain in federal court because federal issues dominate the case. Those issues include the impact of the 1977 U.S.-Canada transnational pipelines treaty, the federal Submerged Lands Act and the extensive federal regulation of oil pipelines.
Enbridge argued that the state’s rights to protect the waters of the Great Lakes and the company’s right to protect commerce profits are federal issues.
The arguments were presented to a three-judge panel of the Sixth Circuit Court of Appeal: Judges Richard Griffin, Amul Thapar and John Nalbandian.
On April 9, the Department of Justice weighed in on the appeal and came to a final decision that Enbridge is illegally trespassing. Though it acknowledges the trespassing, it does not call for immediate removal and even suggested the courts could allow the trespassing to continue indefinitely.
Many tribal groups spoke out about the dangers of such a decision, as it continues to threaten both environmental safety in the area and tribal sovereignty.
“The filing leaves more questions than answers. It also leaves Bad River, other Tribal Nations throughout the region, and the 40 million people that rely on the Great Lakes at risk of a catastrophic spill. We fear it will take Line 5 failing again, and the disaster of an oil spill for our position to be taken seriously. This isn’t just about tribes, it is about clean water, it is about life. It is about every U.S. citizen and preserving our natural resources for generations to come,” said Gravelle.
Requests for comment from Enbridge were not returned.
— Contact Brendan Wiesner: BWiesner@Sooeveningnews.com
Wisconsin
Wisconsin teen who killed prison guard in fistfight pleads guilty but claims mental illness
MADISON, Wis. — A Wisconsin teen who killed a prison guard during a fistfight pleaded guilty to homicide Friday but contends he doesn’t deserve prison time because he was mentally ill and not responsible for his actions.
Javarius Hurd, 17, entered a plea of guilty/not guilty by reason of mental disease or defect to one count of second-degree reckless homicide in connection with Corey Proulx’s death, online court records show. He also pleaded guilty to one count of battery by a prisoner. Prosecutors dropped a second battery count in exchange for the pleas.
The next step for Hurd will be a February trial in which jurors will determine whether he should be sentenced to prison or committed to a mental institution. Jurors will be asked to determine whether Hurd was indeed suffering from a mental disease at the time of the fight and, if so, whether the mental disease impaired his ability to act within the law.
“Javarius entered into a plea agreement that partially resolves the case involving the sad and tragic death of (Proulx),” Hurd’s attorney, Aaton Nelson, said in an email to The Associated Press. “Javarius, who has had a life filled with trauma and suffering, realizes that nothing will compensate the victims for their loss and suffering. We hope that this agreement will help all those suffering with their healing.”
According to court documents, Hurd was incarcerated at the Lincoln Hills-Copper Lakes School, the state’s youth prison in far northern Wisconsin, in June 2024.
He grew upset with a female counselor whom he felt was abusing her powers, threw soap at her and punched her. Hurd ran into the courtyard and Proulx followed to stop him. Hurd punched Proulx several times and Proulx fell, hit his head on the pavement and later died. Hurd was 16 at the time but was charged in adult court.
Another inmate at the youth prison, Rian Nyblom, pleaded guilty to two counts of being a party to battery in connection with the incident and was sentenced to five years in prison this past August.
According to prosecutors, Nyblom knew that Hurd was upset with the female counselor and wanted to splash her with conditioner and punch her. About 15 minutes before the fighting began, he got extra soap and conditioner from guards and secretly gave it to Hurd. Nyblom told investigators that he didn’t see Hurd attack the female counselor but watched as Hurd punched Proulx.
Lincoln Hills-Cooper Lake is Wisconsin’s only youth prison. The facility has been plagued by allegations of staff-on-inmate abuse, including excessive use of pepper spray, restraints and strip searches.
The American Civil Liberties Union filed a federal lawsuit in 2017 demanding changes at the prison. Then-Gov. Scott Walker’s administration settled the following year by agreeing to a consent decree that prohibited the use of mechanical restraints like handcuffs and the use of pepper spray.
Proulx’s death sparked calls from Republican lawmakers and from Lincoln Hills-Copper Lakes staff for more leeway in punishing incarcerated children, but Democratic Gov. Tony Evers rejected those calls, insisting conditions at the prison have been slowly improving. A court-appointed monitor assigned to oversee the prison’s progress reported this past October that the facility was fully compliant with the consent decree’s provisions for the first time.
Legislators have been trying to find a way to close the facility for years and replace with it with smaller regional prisons. Those prisons remain under construction, however, and Lincoln Hills-Copper Lake continues to operate.
Wisconsin
‘Play is the work of a child’: Wisconsin parents back bill that would double daily recess
MADISON, Wis. (WMTV) – A proposal at the state Capitol would require Wisconsin schools to increase daily recess time for students in kindergarten through sixth grade, with supporters saying more opportunities for unstructured play could improve focus, behavior and overall well-being.
Assembly Bill 810 would require public schools to provide 60 minutes of recess each school day for K-6 students, doubling the amount many schools currently offer. The bill has been referred to the Legislature’s education committee.
The bill’s author, State Rep. William Penterman of Hustisford, said the proposal is based on research showing physical activity supports learning and child development.
“Especially younger kids, like our elementary kids, it’s so important that they get moving throughout the day,” Penterman said. “We’re trying to get our kids to learn and develop mentally, emotionally, but also physically.”
Penterman emphasized the bill is not intended to extend the school day or reduce instructional time. Instead, he said schools could restructure existing schedules to include more frequent movement breaks.
“We’re not looking to expand the school day. Absolutely not,” Penterman said. “It’s already set. We’re going to leave it at that. It’s about increasing efficiencies.”
The proposal would give schools flexibility in how the time is scheduled, allowing recess to be broken into multiple shorter periods throughout the day.
“But 60 minutes of play a day — it could be three 20-minute recesses. It could be two 30-minute recesses,” Penterman said.
Parents in the Madison Metropolitan School District say concerns about limited recess became apparent once their children came home from school.
“I saw that we only had 30 minutes of recess at our school, and I felt like that wasn’t enough,” said Victoria Carey, a parent with a child in elementary school.
Carey said she initially assumed recess policies were determined by individual schools or districts, but later learned minimum requirements are set at the state level.
“So I looked into — is that our school’s policy? Is that our district’s policy?” Carey said. “And then I realized that it wasn’t either of those. Really, it was the state.”
Ally Grigg, another MMSD parent and former teacher, said a lack of movement during the school day can lead to challenges with emotional regulation and behavior at home.
“If that need is not being met at school, they come home, and my experience is my child frequently has meltdowns as soon as she gets home,” Grigg said. “A lot of times they have a lot of energy and they’re bouncing off the walls because they didn’t get that out during the day.”
Grigg and Carey are part of a parent-led advocacy effort ‘Say Yes to Recess’, pushing for increased recess time statewide. They say their goal is not to burden teachers or administrators, but to recognize play as a meaningful part of the learning process.
“They are great tinkerers, little scientists, as they’re referred to often,” Carey said. “And they do that through play. I think recess is a great opportunity for play to practice what they’re learning in the classroom and with each other.”
Carey said parents they’ve spoken with, including some educators, often share similar concerns, even if there are questions about how additional recess would fit into already packed schedules.
“Most of the reaction is very positive,” Carey said. “Everybody agrees that kids need recess. It’s really about finding the balance between instructional time and what kids need developmentally.”
Penterman said the bill was shaped after an earlier proposal focused on increasing overall physical activity faced pushback over concerns about unfunded mandates.
“So we kind of revamped it and looked at it,” he said. “What’s something we already have existing in place now that we can just expand?”
The Wisconsin Department of Public Instruction said it is in the process of analyzing the legislation and does not yet have an official position.
The bill is still early in the legislative process. Penterman said he hopes the proposal encourages broader discussion about how schools balance academic demands with students’ physical and mental health.
“Play is the work of a child,” Penterman said, quoting educator Maria Montessori. “And it’s so important to their development.”
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Wisconsin
Wisconsin DHS reaffirms childhood vaccine recommendations after CDC changes
MADISON, Wis. – The Wisconsin Department of Health Services on Thursday reaffirmed its recommended childhood vaccine schedule after recent changes at the federal level.
Wisconsin vaccine guidance
Local perspective:
On Monday, the U.S. Centers for Disease Control announced changes to its childhood vaccine schedule. The DHS said those modifications further stray “from alignment with America’s leading medical associations and organizations.”
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At this time, the DHS said it is not making changes to its vaccine recommendations – including no changes to Wisconsin’s school or child care vaccine recommendations.
The DHS said it continues to endorse the American Academy of Pediatrics schedule and has issued guidance to Wisconsin health care providers reaffirming that recommendation.
What they’re saying:
“The CDC’s new recommendations were based on a brief review of other countries’ practices and not based on data or evidence regarding disease risks to children in the United States,” DHS Secretary Kirsten Johnson said in a statement. “This upends our longstanding, evidence-based approach of protecting our children from the viruses that pose a risk in our country.
“Copying another country’s schedule without its health and social infrastructure will not produce the same health outcomes. It creates chaos and confusion and risks the health of Wisconsin’s youngest and most vulnerable citizens.”
Big picture view:
The U.S. Department of Health and Human Services said the CDC will continue to recommend that all children are immunized against 10 diseases for which there is international consensus, as well as chickenpox.
The updated schedule is in contrast to the CDC child and adolescent schedule at the end of 2024, which recommended 17 immunizations for all children. On the new schedule, vaccines – such as those for hepatitis A and B, meningitis, rotavirus and seasonal flu – are now more restricted. They are recommended only for those at high risk or after consultation with a health care provider.
What they’re saying:
“President Trump directed us to examine how other developed nations protect their children and to take action if they are doing better,” Health Secretary Robert F. Kennedy Jr. said. “After an exhaustive review of the evidence, we are aligning the U.S. childhood vaccine schedule with international consensus while strengthening transparency and informed consent. This decision protects children, respects families, and rebuilds trust in public health.”
The Source: The Wisconsin DHS released information about its childhood vaccine recommendations. Information about the CDC changes is from LiveNOW from FOX with contributions from The Associated Press.
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