A federal judge has ruled that BNSF Railway must pay almost $400 million to the Swinomish Tribe in Washington state for intentionally trespassing on their reservation. The ruling comes after the railway violated a 1991 easement agreement by running 100-car trains carrying crude oil across the tribe's land, exceeding the limit of 25 cars per day.
The Swinomish Tribe, with approximately 1,400 members, filed a lawsuit in 2015 against BNSF after the company unilaterally increased the number of train cars without their consent. The increased traffic was part of BNSF's efforts to transport Bakken crude oil from North Dakota to a nearby refinery, crossing sensitive marine ecosystems and water bodies that are vital to the tribe's fishing rights.
Bakken oil, known for its high volatility, poses significant risks in transportation, as evidenced by previous train accidents in different locations. In 2019, two BNSF engines derailed on Swinomish land, causing a diesel fuel spill near Padilla Bay.
The 1991 easement agreement required BNSF to inform the tribe about the cargo being transported and prohibited the company from increasing train or car numbers without tribal approval. Despite discussions to amend the agreement, BNSF proceeded to violate the terms, leading to the recent court ruling.
US District Judge Robert Lasnik determined that BNSF should disgorge $362 million in profits made through trespassing, along with an additional $32 million in post-tax profits. The total judgment against the railway exceeds $394 million, reflecting the company's significant financial gains from the unauthorized activities.
The ruling serves as a significant victory for the Swinomish Tribe, highlighting the importance of upholding agreements and respecting tribal sovereignty in land use matters. BNSF has yet to comment on the judgment, while the tribe's response to the ruling remains pending.
