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DOJ weighs in on Line 5 trespass on tribal land in Wisconsin

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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.

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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.

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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.

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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.”

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“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.

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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.

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“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



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Add massive transmission towers to list of invasive species | Opinion

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Add massive transmission towers to list of invasive species | Opinion



We are managing the land to preserve native vegetation and reduce invasive species. Perhaps the greatest invasive will now be the MariBell project’s huge metal stanchions.

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  • Massive 765kV transmission lines are being proposed for construction across western and eastern Wisconsin.
  • One proposed project, the MariBell transmission line, would cut through the state’s Driftless region.
  • The new lines would replace existing 161kV lines with structures soaring 200 feet high.
  • Concerns have been raised about the project’s impact on the landscape, wildlife, and property values.

How much power do we really need and where should it come from? 

Across the state people are being asked to sacrifice precious land for the construction of massive 765kV transmission lines that are mounted on erector set-like structures that soar 200 feet into the air and cut a swath 250 feet wide across the landscape of both western and eastern Wisconsin. Land and resources that cannot be replaced.

One of these lines is the MariBell transmission line that will cut through the heart of the Driftless region. This line, if it were to go through the Driftless area as proposed, will cross miles of land that avoided the assault of glaciers eons ago to now be destroyed by bulldozers to erect gigantic metal towers for the worship of greed.

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This line would replace existing 161 kV lines with 765 kV lines that are more than double the width of existing lines. This means taking out trees, prairies, farms and homes for not only people but endangered wildlife.

Wisconsin wants more power, but at what cost?

The metal towers that soar 200 feet up in the air will be seen for miles away, some on ridgetops may need lights at night. Lights that could harm nocturnal animals and bring diffuse light for all of us who would prefer to see stars at night and occasionally the Northern Lights.

There has not been an established need for this massive line nor is the Driftless region a location worth destroying. This project will place an ever increasing financial burden on utility users who do not even benefit from the line and adversely affect property values in Crawford and Vernon counties. It will cause irreparable damage to the land, air and water as well as the beauty of the Wisconsin landscape that we all love.

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It is past time for all Wisconsinites and all those we elect to take a step back and really identify what it is we value and what we want our future to look like. Then act to protect those values! Do electric power utilities, and the regulatory Public Service Commission, only have a responsibility to provide power and not the responsibility to do no harm to the people and native landscape?

Stewardship of Driftless landscape becoming more difficult

We are landowners in Crawford County, Wis., that currently has a 161kV power line going over it and will most likely be right on the route of this new 765kV powerline. We have a cabin that is not connected to electricity, as we are trying to have as small of a footprint on the land as possible. 

We are managing the land to preserve native vegetation and reduce invasive species. Perhaps the greatest invasive will now be the huge metal stanchions. The challenge of being responsible, sustainable stewards of the land has just become harder.

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Tim Eisele and Linda Eisele have a cabin on 100 acres of land in the Town of Seneca.



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No Kings protests draw crowds in Oshkosh, Appleton and across Northeast Wisconsin Saturday

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No Kings protests draw crowds in Oshkosh, Appleton and across Northeast Wisconsin Saturday


OSHKOSH (WLUK) — ‘No Kings’ protests took place across Northeast Wisconsin Saturday in opposition to President Donald Trump.

These protests align with the national ‘No Kings’ protests occurring across the country Saturday.

People showed up with signs and flags at Rainbow Park in Oshkosh Saturday beginning at 10 a.m., protesting against the president to voice their concerns.

Protesters expressed their concerns over Trump’s decisions surrounding the war in Iran, as well as his immigration policies– which the protesters believe reflect an expansion of presidential power they oppose.

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“This is also an open invitation to anyone who feels disappointed or even betrayed– those who promised greater affordability, fewer global conflicts/wars and transparency on issues such as the Epstein files, and are still waiting,” protester Deb Martin said.

Similar ‘No Kings’ protests and marches took place in Appleton, Green Bay, De Pere and Sturgeon Bay.

Beginning at 3 p.m. in Appleton, protesters marched from Houdini plaza down College Ave. for two blocks in a loop. Several organizations collaborated for the march including Appleton Area NOW, Wisconsin Resist, Hate Free Outagamie, ESTHER, Forward Fox Valley, Democratic Socialists of America and Citizen Action of Wisconsin.

Protesters say the Trump Administration’s actions are an attack on democracy.

Organizers planned more than 3,000 events nationwide, with turnout expected to reach into upwards of nine million people.

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A flagship rally in St. Paul, Minnesota, drew thousands and featured high-profile speakers and performers, underscoring the scale and national reach of the movement.

Headlining the observance will be Bruce Springsteen, performing “Streets of Minneapolis,” which he wrote in response to the deaths of Renee Good and Alex Pretti, and in tribute to the thousands of Minnesotans who took to the streets over the winter.

The White House dismissed the planned protests as the product of “leftist funding networks” with little real public support.

“The only people who care about these Trump Derangement Therapy Sessions are the reporters who are paid to cover them,” White House spokesperson Abigail Jackson said in a statement.

Trump reacted to previous “No Kings” rallies by insisting “I’m not a king” and saying attendees were “not representative of the people of our country.”

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In battleground Wisconsin, the 2026 elections are poised to bring a ‘changing of the guard’

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In battleground Wisconsin, the 2026 elections are poised to bring a ‘changing of the guard’


A year and a half after Donald Trump’s victory in Wisconsin, Democrats are sensing a vibe shift that could reshape the balance of power in the critical battleground state.

In the last three months, seven state Republican lawmakers have announced their retirements — including the party leaders in the Assembly and the Senate — providing a boost to Democrats’ hopes they could win control of at least one legislative chamber for the first time in 16 years.

A massive fundraising advantage in next month’s open Wisconsin Supreme Court race has liberals feeling confident about further expanding their majority on a bench that up until a few years ago was long dominated by conservatives. Liberals are already even eyeing another seat next year, after a conservative justice said she wouldn’t run for re-election.

And Democrats are hoping another state Supreme Court victory would provide a jolt of momentum heading into a governor’s contest that will bring significant change no matter the result. A crowded field of Democratic candidates is vying to succeed Gov. Tony Evers and likely take on GOP front-runner Rep. Tom Tiffany in November.

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“These retirements have largely confirmed what we had already thought, which is that we have an extraordinary opportunity this year in Wisconsin,” Wisconsin Democratic Party Chairman Devin Remiker said in an interview, referring to the GOP lawmakers who declined to run for re-election. “I think that a very potent disaster is brewing for Republicans, and it is my desire to capitalize on it by winning the Democratic trifecta.”

Recent polling underscores that the political winds are currently blowing in Democrats’ direction. A Marquette University Law School poll conducted in mid-March found that about half of Wisconsin Democrats said they were very enthusiastic about voting in the technically nonpartisan Supreme Court election in April, compared to a third of Republicans. And the survey showed that 56% of registered voters disapproved of Trump’s job performance. That’s the highest share from any of Marquette’s Wisconsin polls during the president’s two terms in office, the Milwaukee Journal Sentinel noted.

The 2026 elections mark a continuation of Democrats’ efforts to unravel Republicans’ hold on state power that began in 2010, when the GOP had a trifecta. Over two terms in office, Republican Gov. Scott Walker, with majorities in the Legislature and on the Supreme Court, enacted a sweeping conservative agenda.

Since then, Democrats have gained control of the governorship and the Supreme Court, and now have their sights on maintaining their advantages there while making inroads in the Legislature this year, with more competitive maps in place. Most notable among the recent string of retirements was Assembly Speaker Robin Vos, who had held the position since Walker first took office.

“There is certainly a changing of the guard. The top three people in the Capitol today are all not going to be there a year from now. It’s going to be a significant turnover in terms of who’s making decisions in that building come next year,” said Mark Graul, a Republican strategist in Wisconsin.

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In addition to Vos, Wisconsin Senate President Devin LeMahieu, who has held the job since 2021, announced last week he would not seek another term. Of the seven retiring Republican lawmakers, all but one has served in the Legislature for at least a decade, and in many cases far longer.

The Republican lawmaker exodus is also inextricably linked with the liberals’ ascent on the state Supreme Court. Armed with their first majority on the high court in 15 years after an expensive and high-profile election in 2023, liberals quickly struck down the state’s legislative maps that heavily favored the GOP. Democrats then made substantial gains in both legislative chambers in the 2024 elections. This year, they would need to net two seats to control the state Senate and five seats to have a majority in the Assembly.

After retaining their majority in an even more expensive state Supreme Court race last year, liberals could put control of the bench out of reach for conservatives for at least the rest of the decade in less than two weeks.

Wisconsin Supreme Court candidates Maria Lazar and Chris Taylor.Wisconsin Court System

The Democratic-backed Chris Taylor holds a clear fundraising and ad spending advantage over Republican-backed Maria Lazar in the race to fill a seat held by retiring conservative Justice Rebecca Bradley. The election has been much quieter than the last two court races in Wisconsin, with 46% of voters saying they were undecided in the new Marquette poll. But Taylor held a slight lead with 30% support, compared to 22% for Lazar.

Democrats have said they’re encouraged by early voting data in the race, even as turnout is down so far from last year’s election.

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Meanwhile, the governor’s race is still taking shape. Of the eight Democratic candidates included in Marquette’s poll, only one, former lieutenant governor and Senate candidate Mandela Barnes had name identification above 50%. The primary will mark a generational shift for the party, as the leading candidates are all much younger than Evers, 74.

Wisconsin Republican Party spokesperson Anika Rickard rejected that the raft of GOP lawmaker retirements would fuel Democratic gains and expressed optimism around her party’s prospects in the Supreme Court and governor races, too.

“I don’t think their departures indicate anything when it comes to flipping the Senate or the Assembly. We’re very confident we’ll hold both of those,” she said. “The energy is still on our side, not with Democrats.”

Democrats and Democratic-backed candidates have won 18 of the last 23 statewide races in Wisconsin. But that hasn’t affected its swing state status. The last three presidential elections in Wisconsin, two of which Trump won, were decided by less than 1 point. Regardless of what happens in the state this year over the next seven months, it will once again be at the center of the 2028 map.

To that point, Graul said Democrats’ recent string of success is less about what they have accomplished and more about their ability to seize on anti-Trump sentiment, particularly when the president isn’t on the ballot.

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“What’s shaping Wisconsin, in 2026, to be a good year for Democrats is what’s happening in Washington, not what is happening in Wisconsin,” he said.



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