A federal judge has ordered BNSF Railway to pay nearly $400 million to a Native American tribe in Washington state for intentionally trespassing on their reservation. The ruling comes after the company violated the terms of a 1991 easement with the Swinomish Tribe by running 100-car trains carrying crude oil across the reservation, exceeding the agreed limit of 25 cars per day.
The tribe filed a lawsuit in 2015 when BNSF unilaterally increased the number of train cars transporting Bakken crude oil without their consent. The route traverses sensitive marine ecosystems along the coast, posing a threat to the Salish Sea, where the tribe holds treaty-protected fishing rights.
Bakken oil, known for its ease of refinement and high flammability, has raised safety concerns following explosions involving train cars carrying this type of crude in various locations. In response to these incidents, a federal agency highlighted the heightened volatility of Bakken crude compared to other types of oil in the U.S.
The court's decision to hold BNSF accountable for trespassing and to require the disgorgement of profits reflects the importance of upholding agreements with Native American tribes and protecting environmental resources. The case serves as a reminder of the need for companies to respect tribal sovereignty and environmental regulations in their operations.
