Earlier this year, a Swinomish tribe filed suit in Washington state federal court against BNSF Railway Company (BNSF). In the lawsuit, the tribe challenges the amount of crude oil shipped by BNSF across tribal land. BNSF has authority under a settlement agreement it entered into with the Swinomish Indian Tribal Community. The settlement agreement granted BNSF a right-of-way easement to transport crude oil through the tribal land. Currently, Judge Robert S. Lasnik is considering a motion to dismiss filed by BNSF.

In the motion to dismiss, BNSF contends that the lawsuit should not be decided by a federal court. Rather, … Continue Reading