A federal judge has ruled that BNSF Railway intentionally violated the terms of an agreement with the Swinomish Indian Tribal Community in Washington state by running 100-car trains carrying crude oil over the reservation. FOX13
The Washington State Department of Ecology said the derailment happened near the Swinomish Casino and Lodge on the Swinomish Indian Tribal Community Reservation after midnight.A federal judge ruled Monday that BNSF Railway intentionally violated the terms of an easement agreement with the Swinomish Indian Tribal Community inThe ruling in the civil case comes after two BNSF engines, leaking an estimated 3,100 gallons of diesel fuel near Padilla Bay.
The tribe learned through a 2011 Skagit County planning document that a nearby refinery would start receiving crude oil trains. It wasn’t until the following year that the tribe received information from BNSF addressing current track usage, court documents show. Swinomish counsel pushed back in that meeting, "pointing out that this was not the typical right of way case involving state or local regulation," Lasnik wrote, "but rather involved limitations arising from a federally-approved easement crossing tribal trust lands established by treaty, the supreme law of the land.
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Judge: BNSF railroad violated Swinomish tribe agreement after derailmentA District Court judge in Seattle ruled that the railroad company Burlington Northern Santa Fe (BNSF) violated an agreement with the Swinomish tribe after a train derailed on the Swinomish Reservation in Anacortes.
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