Swinomish Indian Tribal Community v BNSF Railway Company
Case Number:
2:15-cv-00543
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April 01, 2024
BNSF Says Tribe Can't Claim $1.3B For Oil Train Trespassings
BNSF Railway Co. has asserted a Washington tribe is not entitled to $1.3 billion for the shipping of crude oil across its reservation for nearly a decade, arguing the tribe wants to strip railroad profits from a 1,500-mile route when the illegal trespassing occurred across an easement less than a mile long.
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July 18, 2023
Judge Derails BNSF's Arb. Bid In Tribe's Oil Shipping Suit
BNSF Railway Co. will have to hash out damages due to a Washington-based Native American tribe in court, a Washington federal judge ruled, rejecting the railway's bid to allow an arbitrator to determine the money it owes to the tribe for shipping crude oil across reservation land for more than eight years.
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June 05, 2023
Wash. Tribe Fights BNSF's Arbitration Bid In Oil Shipping Row
The Swinomish Indian Tribal Community says BNSF Railway Co. is attempting to force the tribe into arbitration based on a "plainly inapplicable arbitration clause," urging a Washington federal judge to reject the rail company's request that an arbitrator determine how much compensation BNSF owes to the tribe for shipping crude oil across reservation land for more than eight years.
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May 15, 2023
BNSF Seeks Arbitration Of Damages Owed To Tribe
BNSF Railway Co. told a Washington federal judge an arbitrator should determine how much compensation it owes to the Swinomish Indian Tribal Community for running excess train cars across reservation lands for nearly nine years, after the tribe did not respond to its $21.7 million offer.
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March 27, 2023
Wash. Judge Hands Tribe A Win In BNSF Right-Of-Way Suit
BNSF Railway Company "willfully, consciously and knowingly" trespassed when it violated its easement agreement with the Swinomish Indian Tribal Community by shipping crude oil across reservation land for more than eight years, a Washington federal judge ruled Monday.
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March 20, 2023
Tribe Pans 'Less Favorable' Deal In BNSF Right-Of-Way Trial
A Washington tribe's attorney on Monday gave a peek into its internal deliberations with BNSF Railway Company over how many of its trains could travel over its tribal land, testifying that BNSF was trying to corner them into a deal that would leave them with less money and less control over their own land.
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March 14, 2023
Judge Says Treaty Rights Relevant In BNSF Right-Of-Way Suit
Testimony related to the Swinomish Indian Tribal Community's treaty rights can be introduced during trial in a case alleging that BNSF Railway Co. willfully violated the tribe's easement agreement by shipping crude oil across reservation land, a Washington federal judge ruled Tuesday.
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August 24, 2022
Tribe Not Required To Allow More Trains In BNSF Clash
The Swinomish Indian Tribal Community was not obligated to let BNSF Railway Co. breach an easement agreement that limited how many trains could cross tribal land, a Washington federal judge has ruled, rejecting the railroad's argument that the tribe's opposition to additional trains was arbitrary.
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August 17, 2022
Judge Raises History Of 'Railroaded' Tribes In BNSF Clash
A Washington federal judge on Wednesday wondered whether tribes' history of being "railroaded" by the railroad industry should factor in the Swinomish Indian Tribal Community's suit accusing BNSF Railway Co. of trespassing by sending unauthorized shipments of crude oil across reservation land in violation of a right-of-way easement.
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May 15, 2018
Wash. Judge Lets BNSF Appeal In Tribal Right-Of-Way Suit
A Washington federal judge on Tuesday said that BNSF Railway Co. can appeal a decision in favor of the Swinomish Indian Tribal Community in the tribe's suit over shipping crude oil across reservation land and that he will stay the case while the Ninth Circuit considers the appeal.