BNSF Railway violated access agreement with Swinomish Tribe, judge rules
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Description
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
Read more: https://www.king5.com/article/news/local/bnsf-railway-violated-access-agreement-swinomish-tribe/281-2c05eb1e-cfca-4be1-bd15-2e3492f0fa08