Richard Walker • July 1, 2017 The Swinomish Tribe’s lawsuit seeking to force BNSF Railway to comply with an easement agreement could go to trial sometime between May and September 2018.
That’s according to schedules proposed by lawyers for both sides in documents filed June 22 with U.S. District Court for Western Washington. That same court ruled on June 9 that the lawsuit would go forward to trial.
Swinomish sued BNSF Railway in April 2015 after learning that the company was moving 100 railcars a day to and from nearby oil refineries, on tracks that cross Swinomish lands. An easement granted by Swinomish to BNSF Railway limits transport to 25 cars daily. The easement agreement also requires BNSF Railway to regularly update the tribe on the type of cargo it is transporting.