A federal judge has ruled that BNSF Railway must pay nearly $400 million for trespassing on Swinomish Indian Tribal Community land in Washington State by running more train cars carrying crude oil than allowed. The tribe and the rail company had an agreement allowing only one 25-car train in each direction per day, but BNSF exceeded this by running six 100-car trains every week from 2012 to 2021.
The trains passed through the tribe’s land near various facilities, including a casino, gas station, convenience store, and R.V. park. The tribe raised concerns about the dangers of transporting crude oil, which can lead to derailments, explosions, spills, and environmental contamination. Despite repeated demands to stop, BNSF continued its unauthorized use of the land.
During the trial, it was determined that BNSF had breached its agreement with the tribe and should be stripped of the profits gained from the unauthorized use of the land. The judge’s ruling to pay $400 million reflects the significant profits BNSF made by using the tribe’s land against their wishes.
Chairman Steve Edwards expressed gratitude for the court’s decision, emphasizing the importance of protecting their land. He stated that the tribe has always safeguarded their land and will continue to do so. BNSF declined to comment on the case, and their lawyers did not respond to requests for comment.
The ruling serves as a reminder of the importance of respecting agreements with Indigenous communities and the consequences that come with trespassing on their land. It highlights the need for companies to prioritize environmental and community concerns when operating on tribal territories.
Moving forward, it is essential for companies to engage in meaningful consultations with Indigenous communities and abide by agreements to avoid similar conflicts in the future. Respecting tribal sovereignty and land rights is crucial for building positive relationships and upholding justice for all parties involved.
