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
WEST ALLIS (WLUK) — The Wisconsin State Fair unveiled dozens of new menu items coming to the fairgrounds for the 175th fair.
80 new food and drink options were unveiled Friday afternoon. Many of the items will feature Ellsworth Cooperative Creamery cheese curds, as they were declared the official cheese curds of the state fair. However, Door County cheese curds will be featured on the cheddar garlic longanisa lumpia, according to the list. It isn’t clear which Door County cheesemaker is supplying the cheese curds.
Here are all the new items coming to the fair:
- Al Pastor Pizza
- Bayou Crunch Cup
- Big Pat’s Pit Stop Punch
- Birria Flamin’ Bombs
- Biscoff Hot Fudge Cup
- Bloody Mary Mac Daddy
- Blue Ribbon Watermelon Mint Julep
- Bourbon Deep-Fried Pecan Pie
- Bugged Out Frozen Cheesecake On-a-Stick
- Bunzel’s Hungarian Sausage Sandwich
- Candied Bacon Cheese Curds
- Caramel Apple Cheese Curd Tacos
- Cevapcici – Croatian Sausage Sandwich
- Cheddar Garlic Longanisa Lumpia with Banana Ketchup
- Chicken Cordon Bleu Sausage
- Chimi-Brat-Changa
- Chocolate Covered Strawberry Sipper
- Churro Dog
- Circus Peanut Spritz
- Cold Foam Berry Blast
- Color-Changing Swamp Juice
- Cookie Butter Coffee Float
- Cosmic Funnel Cake
- Cranberry Dream Bar
- Cream City Cone
- Cuban Fries
- Deep Fried Horchata Balls
- Deep-Fried Ranch
- Deep-Fried Top The Tater
- Bloody Mary Pickles & Dill-icious Pickles
- Dill-uxe Pickle Fries
- Egg Roll A-la-Mode
- Ellsworth Fresh Cheese Curds
- Freedom Brat
- Freeze Dried Cheese Curds
- French Onion Cheese Pull
- Fruit Roll-Up Remix
- Gluten-Free Chimichurri Cheese Curds
- Guac This Way Tots
- Hawaiian Pizza Slush
- Hot Honey Bacon Corn Dog
- Hot Honey Chicken Lemonade
- Hot Honey Heatwave Fries
- Ice Cream Nachos
- Lemon-Lime Spritz
- Little Smokies Campfire Meal
- Monkey Bread
- Monster Blue Hawaiian Dirty Soda
- Nitro Cheesy Puffs
- Orange Creamsicle Lemonade
- Patriotic Punch
- Peach Beary Boba
- Peaches n’ Cream Whipped Frozen Lemonade
- Peachy Keen Cooler
- Pineapple Pop Paradise
- Pop’s Kettle Me Squeeze
- Porky Puff
- Potato Chip Sundae
- Ranch BLT Dog
- Red, White, & Berry
- Redneck Brat
- Smoked Pork Pierogi Sliders
- Soft Serve Beer
- Spam Jerky Sampler
- Star-Spangled Bomb Pop
- Sweet Lemon Berry Cheese Curds
- Tanghulu
- The Blue Moo Lagoon
- The Dirty Dog
- The Wisconsinite Slush
- Tilt-a-Spritz
- Tinga Tango Chicharrones
- Toffee Tumble
- Triple Chocolate Mini Donuts
- Tropical Tide
- Vegan Cheesesteak Eggrolls
- Waffle Cone S’mores
- Why Not Tots
- Wild Grape Dirty Soda
- Wisco Short Rid Corn Dog
- Wisconsin Chocolate Barnyard Float
- Southwestern Chorizo Pasty
In addition, a few new vendors are joining the Wisconsin State Fair. All Family Concessions will be found on the Back Forty. Dale Z’s On Tour will be on Grandstand Avenue and Second Street. Lulu Tanghulu will be in the expo center. And the Yuengling Beer House will be on Central Avenue and Benno’s Micro Alley.
The original cream puff and the chocolate cream puff will be offered at the 2026 Wisconsin State Fair. The new ‘Fair-aschino Cherry Cream Puff’ will be available while supplies last each day. Unlike the original and chocolate puffs, they won’t be available for pre-order.
Some of the new food offerings at the fair are also up for the Sporkies and Drinkies awards. The options up for the awarded are bolded in the list above.
The Wisconsin State Fair runs August 6 through August 16.
Residents can attend the July 16 meeting in Sheboygan or submit written comments by email to NOAA.
Wisconsin Shipwreck Coast National Marine Sanctuary has 36 shipwrecks
Discover the history, shipwrecks and impact of the Wisconsin Shipwreck Coast National Marine Sanctuary, established to protect maritime heritage in Lake Michigan. This video was created by the Wochit AI tool.
Wochit
SHEBOYGAN – Residents can attend or comment on an upcoming meeting of the Wisconsin Shipwreck Coast National Marine Sanctuary Advisory Council scheduled for July 16 in Sheboygan.
The gathering will take place from 6 to 8 p.m. at the Sheboygan County Museum, 3110 Erie Ave., according to a community announcement. Members of the public are invited to attend and observe discussions.
The agenda includes routine council business, updates from working groups, community reports and briefings from NOAA staff on sanctuary programs, research and upcoming events.
Public can provide comments during meeting
A public comment period is planned for about 7:50 p.m., giving attendees a chance to share feedback directly with council members.
Those unable to attend may submit written comments by email to jean.prevo@noaa.gov, according to the announcement.
Council shares updates on sanctuary programs
NOAA’s Office of National Marine Sanctuaries will provide updates tied to the Wisconsin Shipwreck Coast National Marine Sanctuary, including research initiatives and community engagement efforts.
More information about the council and its activities is available online at sanctuaries.noaa.gov.
This story was created by reporter Nida Tazeen, NTazeen@usatodayco.com , with the assistance of Artificial Intelligence (AI). Journalists were involved in every step of the information gathering, review, editing and publishing process. Learn more at cm.usatoday.com/ethical-conduct.
Wisconsin
A Wisconsin family is suing Target after their 10-month-old died from swallowing a water bead
A Wisconsin family lost their ten-month-old daughter after she swallowed a water bead. They blame Target and the water bead manufacturer for her death.
This week, Taylor and Tyler Bethard filed a lawsuit against Target in Hennepin County, claiming that the company failed to warn them and other customers about the dangers of a water beads product that used to be sold exclusively at Target.
Water beads are marketed as toys that come with sensory kits or craft sets, but data shows the products are prone to injuring young children. The polymer material is extremely absorbent, allowing water beads – which are often colorful – to expand around 100 times their original size when they interact with water or liquid. This presents a hazard for kids; the United States Product Safety Commission states that between 2017 and 2022, there were 6,300 water bead-related ingestion injuries that required treatment from emergency departments across the country.
In 2023, a 10-month-old girl died. Her name is Esther “Jo” Bethard. According to court filings, Taylor Bethard found her daughter unresponsive in her crib on the morning of July 7, 2023, after she had suffered symptoms of a stomach illness overnight. Medical examiners told the family that her death was caused by swallowing a single water bead.
The Bethards had purchased a Chuckle and Roar water bead set in the spring of 2022 for Esther Jo’s older siblings, never intending for the infant to interact with the water beads.
Target and the Chuckle and Roar manufacturer, Buffalo Games LLC, mutually agreed to pull the product from the shelves in November of 2022. Court records show an email exchange between Buffalo Games and a product safety employee at Target where the manufacturer noted that while their water beads had met safety standards at the time, they wanted to “avoid any future unintended misuse of the product.”
That conversation was prompted after Buffalo Games was informed that an infant required surgery after ingesting a water bead from the Ultimate Water Beads kit. Target agreed to end sales, indicating that this would be classified as a “safety removal.”
The Bethard’s lawsuit alleges that Target clearly knew how dangerous these water beads could be, but failed to warn them or other customers. Target stopped selling the product about eight months before Esther Jo died. Daniel Mann, a personal injury attorney representing the Bethards in this case, said that Esther Jo would still be alive if Target had acted.
“With all this information Target didn’t do anything to reach out to the family or other consumers to let them know about this problem,” Mann said, “I think 10/10 people would say Target had a responsibility to do more than what they did, which was nothing.”
A spokesperson for Target said that they would not comment on ongoing litigation, but the company had already responded to an identical complaint filed by the Bethards in the State of New York. In 2025, the Bethards sued both Target and Buffalo Games in Erie County, N.Y., because that was where the manufacturer was based. In response to the lawsuit there, court filings show that Target denied the allegations that they knew of an extraordinary danger posed by the water beads and failed to notify customers.
The complaint was dismissed against Target in New York, Mann explained, due to jurisdiction. This lead to them refiling in Hennepin County this week.
In a statement to WCCO on the new legal action, a Target spokesperson said “We extend our deepest sympathies to those affected by this tragedy, and we worked closely with the manufacturer of the product at the time the incident occurred.”
Taylor Bethard, Esther Jo’s mother, has lead the charge to ban water beads entirely. Her efforts lead to the United States Consumer Product Safety Commision recalling the more than 52,000 Chuckle and Roar Ultimate Water Beads Activity Kits that were in circulation. The recall took effect in September of 2023. Target, Walmart and Amazon announced that they would stop marketing water beads to children.
Bethard is also working with Wisconsin U.S. State Senator Tammy Baldwin to establish federal legislation to permanently outlaw all water beads. This past spring, the CPSC established new legal guidelines that restrict the size of water beads to try to ensure high safety standards.
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