Native Issues
Legal battle
Mar 18, 2025

Wash. backs tribe in $400M trespass case against BNSF

The state of Washington is urging the Ninth Circuit to uphold a $394.5 million judgment against BNSF Railway Co. for years of trespassing on Swinomish Indian Tribal Community land. A federal judge ruled BNSF "willfully" violated its easement agreement, profiting from unauthorized oil train shipments. The state argues reducing the penalty would weaken protections for tribal sovereignty.

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