BNSF Railway Ordered to Pay $395M for Trespassing on Tribal Lands

Federal judge rules in favor of Swinomish Tribe, citing intentional violations of easement agreement

BNSF Railway ran 100-car crude oil trains across Swinomish Reservation, violating a 1991 easement agreement limiting trains to 25 cars per day.
The court determined BNSF made $394 million in wrongful profits from the trespass between 2012 and 2021.
The Swinomish Tribe sued BNSF in 2015 after discovering the increased rail traffic without their consent.
Bakken oil transported by BNSF is known for its high volatility and has previously caused environmental damage on the reservation.
BNSF is expected to appeal the ruling.