SWINOMISH VILLAGE, Wash — BNSF Railway knowingly violated the terms of its right of access agreement with the Swinomish Indian Tribal Community by running thousands of 100-car trains over the reservation for years, a federal judge ruled.
Between September 2012 and May 2021, BNSF ran trains carrying crude oil over the northern edge of the Tribe's land, exceeding the limitations of an easement agreement set in place in 1991. The agreement allows rail traffic, but limits the size and frequency of trains to one train of 25 cars in each direction, daily.
United State District Court Judge Robert Lasnik ruled the Tribe is entitled to profits made by unlawful entry, which will be determined at a later date.
The ruling on Monday, March 27 comes less than two weeks after a BNSF train derailed on the Tribe's land, causing a diesel spill. A maximum of 3,100 gallons of diesel spilled, according to the Department of Ecology.
The lawsuit against BNSF is not related to the derailment.
The tribe filed the suit against the rail company in April 2015, three years after BNSF began exceeding the easement agreement, according to the Tribe.
A District Court ruling found BNSF's carrier duty was not a justifiable reason to ignore its agreement with the Tribe.
BNSF appealed in March 2020. The Ninth Circuit Court of Appeals affirmed the District Court's ruling.
In 2022, District Court entered a partial summary judgement in favor of the Tribe, deferring to trial a ruling whether BNSF willfully, consciously, or knowingly violated the easement agreement. That trial began March 20 and concluded March 22.