A U.S. federal court has ordered BNSF Railway to pay $400 million to the Swinomish Tribe for the unauthorized use of their land, this is reported by the railway transport news portal Railway Supply.

Railway Operator BNSF to Pay $400 Million

This decision culminates a longstanding conflict between the railway company and the tribal community, which lasted from 2012 to 2021.

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The crux of the dispute was that BNSF violated a 1991 agreement with the tribe, which allowed no more than 25 railcars to pass through the reservation daily.

However, the company consistently sent trains with 100 cars carrying crude oil, prompting dissatisfaction and protests from the tribe.

Steve Edwards, chairman of the Swinomish community, stated that BNSF profited significantly from using the tribe’s land against their objections, and that the court’s decision was the only way to prevent further violations.

Edwards noted that the community had repeatedly tried to resolve the issue peacefully with BNSF before resorting to legal action.

Nonetheless, the railway company argued that its obligations to shippers under the Interstate Commerce Commission Termination Act outweighed the agreement with the tribe.

This argument was rejected by an appellate court in 2020, marking a pivotal moment in the legal battle.

The conflict began back in 1976 when the tribe first filed a lawsuit, claiming that the railway company had been trespassing on their land for a century.

In 1991, an easement agreement was reached to regulate the railway company’s use of tribal land.

However, BNSF repeatedly breached the terms of this agreement, leading to a new lawsuit in 2015.

Tensions escalated last year when two BNSF trains derailed on the reservation, spilling about 3,100 gallons of diesel fuel near Padilla Bay.

This incident only strengthened the tribe’s resolve to fight for their rights and fair compensation.

A second trial was held in 2023 to determine if the company’s actions were willful and deliberate.

The final ruling set the penalty for the railway company at $400 million.

BNSF has not yet issued an official comment on the decision, but Edwards stated that he expects the company to appeal to the Ninth Circuit.

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