BNSF Ordered to Pay Swinomish Tribe $400 Million for Trespassing with Oil Trains

BNSF Ordered to Pay Swinomish Tribe $400 Million for Trespassing with Oil Trains

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Following a federal judge's ruling on Monday, BNSF Railway was ordered to pay nearly $400 million to the Swinomish Tribe in Washington State for trespassing with 100-car crude oil trains across their reservation. Judge Robert Lasnik had previously determined that BNSF violated a 1991 easement that permitted only 25 cars per day. During a recent trial, the judge calculated BNSF's profits from this trespass and decided on the disgorgement amount. 

Lawsuit

The tribe filed a lawsuit in 2015 after BNSF increased the number of cars without their consent, facilitating Bakken oil shipments through sensitive marine ecosystems linked to the Salish Sea, where the tribe holds fishing rights. 

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Bakken oil

Bakken oil, known for its ease of refinement and higher volatility, raised concerns after train explosions in Alabama, North Dakota, and Quebec in 2014, prompting federal warnings. 

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Gallery Credit: KATELYN LEBOFF

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