Railway ordered to pay tribe $400 million for trespassing with oil trains

A federal judge has ordered BNSF Railway to pay nearly $400 million to the Swinomish Tribe for repeatedly trespassing with oil trains across their reservation.

Gene Johnson reports for The Associated Press.


In short:

  • BNSF Railway intentionally ran 100-car crude oil trains across the Swinomish reservation, violating a 1991 easement limiting trains to 25 cars per day.
  • The tribe sued in 2015, leading to a ruling that BNSF profited significantly from the trespassing, resulting in the large financial judgment.
  • The tribe expects BNSF to appeal the ruling, which includes both profits from the trespassing and additional post-tax profits.

Key quote:

“We know that this is a large amount of money. But that just reflects the enormous wrongful profits that BNSF gained by using the Tribe’s land day after day, week after week, year after year over our objections.”

— Steve Edwards, chairman of the Swinomish Indian Tribal Community

Why this matters:

The Swinomish Tribe, located in Washington State, has long fought to protect its lands and waters from the risks associated with transporting hazardous materials like crude oil. The judge's decision emphasizes the importance of honoring agreements with Native American tribes and the need for companies to respect tribal sovereignty. For the Swinomish, the ruling is a significant victory that will provide much-needed funds to address the environmental impacts and potential risks posed by these unauthorized trains.

A man putting his vote in a ballot box in the U.S.

Data centers are ‘front and center’ in Pennsylvania’s competitive congressional elections

But with bipartisan opposition growing, it’s still unclear how the issue will affect the midterm results.
Power and fuel generation in the Czech Republic

Losing ground in the climate fight

From Brazil to the North Sea, economic interests have been edging out climate priorities this week.
Beach umbrellas with yellow and white stripes against a blue sky

Heat killed ‘staggering’ 50,000 people in Europe’s cities this summer, scientists warn

People succumbed to heat at highest rates in Malta, Italy, and Hungary, with health issues, loneliness, and poverty exacerbating toll.

A view of a sidewalk in a neighborhood with trees lining the street

The hidden history of how Big Oil invented the American Dream

From the family car to the dream kitchen, fossil fuel companies sold a way of life that depended on their products. New evidence shows how they did it.
Two construction workers looking up at scaffolding on a new build

Oil and tech money back measure to limit California environmental law

Proposition 45 would ease development of a wide range of projects, including some fossil-fuel facilities and possibly AI data centers.
A view of a bamboo forest

The case for low-carbon bamboo fuel starts at $2.75 a gallon

The fastest-growing plant on Earth can be turned into biocrude with almost no waste. A new study finds it emits 26 times less carbon than petroleum diesel.
A view of dark storm clouds with blue skies in the background

In Honduras, hard hit by drought, authorities hope to make it rain using contentious tactic

Global warming is making the El Niño weather pattern stronger, and that’s prolonging a devastating drought across a region of Central America known as the Dry Corridor.
From our Newsroom
Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

One facility has emitted cancer-causing chemicals into waterways at levels up to 520% higher than legal limits.

Regulators are underestimating health impacts from air pollution: Study

Regulators are underestimating health impacts from air pollution: Study

"The reality is, we are not exposed to one chemical at a time.”

Pennsylvania governor Josh Shapiro speaks with the state flag and American flag behind him.

Two years into his term, has Gov. Shapiro kept his promises to regulate Pennsylvania’s fracking industry?

A new report assesses the administration’s progress and makes new recommendations

silhouette of people holding hands by a lake at sunset

An open letter from EPA staff to the American public

“We cannot stand by and allow this to happen. We need to hold this administration accountable.”

wildfire retardants being sprayed by plane

New evidence links heavy metal pollution with wildfire retardants

“The chemical black box” that blankets wildfire-impacted areas is increasingly under scrutiny.

Stay informed: sign up for The Daily Climate newsletter
Top news on climate impacts, solutions, politics, drivers. Delivered to your inbox week days.