Judge orders railway to pay Washington tribe nearly $400 million for trespassing with oil trains

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Judge orders railway to pay Washington tribe nearly $400 million for trespassing with oil trains
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A federal judge found that the company intentionally trespassed when it repeatedly ran 100-car trains carrying crude oil across the tribe’s reservation.

By Gene Johnson, Associated PressThis photo provided by the Washington Department of Ecology shows a derailed BNSF train on the Swinomish tribal reservation near Anacortes, Wash. on March 16, 2023.

“We know that this is a large amount of money. But that just reflects the enormous wrongful profits that BNSF gained by using the Tribe’s land day after day, week after week, year after year over our objections,” Steve Edwards, chairman of the Swinomish Indian Tribal Community, said in a statement. “When there are these kinds of profits to be gained, the only way to deter future wrongdoing is to do exactly what the Court did today — make the trespasser give up the money it gained by trespassing.

The easement limited rail traffic to one train of 25 cars per day in each direction. It required BNSF to tell the tribe about the “nature and identity of all cargo” transported across the reservation, and it said the tribe would not arbitrarily withhold permission to increase the number of trains or cars.

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