Tribal nations push for accountability in BNSF easement case

March 19, 2025

Sixteen Tribal Nations from Washington, Oregon, Idaho, and Montana, supported by the Native American Rights Fund, filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit, urging accountability for BNSF Railway. The case stems from BNSF's violation of an easement agreement with the Swinomish Indian Tribal Community. A district court ordered the company to disgorge $394 million in profits gained from violating the terms. Tribal leaders argue that holding BNSF accountable is critical for protecting sovereignty and ensuring corporations uphold agreements with Native communities.

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