Judge: BNSF railroad violated Swinomish Tribe agreement after derailment

Update 3/28:

A District Court judge in Seattle ruled that the railroad company Burlington Northern Santa Fe (BNSF) violated an agreement with the Swinomish Tribe after a train derailed March 16 on the Swinomish Reservation in Anacortes.

The rail company was sending long trains of crude oil, some with 100 cars, across the reservation, but the judge says it was a clear violation of a 1991 easement agreement. The agreement stated that the company would not run more than 25 cars per day in each direction over the reservation.

The tribe’s claim for damages will be discussed in court at a later date.

The ruled U.S. District Court Judge that BNSF willfully, consciously and knowingly exceeded the limitations on its right of access from September 2012 to May 2021 “in pursuit of profits.”

Human error caused a seven-car BNSF train to derail on Swinomish land earlier this month.

It caused about 3,000 gallons of diesel to spill into the shoreline near Padilla Bay.

KIRO Newsradio reached out to BNSF for their reaction, and their response was that they “don’t comment on litigation.”

Update 3/20:

Cleanup crews at the site of a train derailment in Anacortes report that some of the diesel that leaked has contaminated the groundwater.

When the train’s two engines left they spilled 3,000 gallons of diesel fuel, according to the Environmental Protection Agency. A day after the derailment, the EPA said that some of the nearby soil was contaminated.

“Crews have removed over 1,200 cubic yards of soil. Responders have also pumped out 3,000 gallons of contaminated groundwater found while excavating the soil. Crews will install groundwater wells to monitor for any migration of diesel from the spill site,” the EPA said in an update on the accident.

BNSF is temporarily storing the contaminated soil until it can all be sent for disposal in a permitted landfill.

No spilled diesel has reached the shoreline of Padilla Bay, so there have been no impacts to wildlife, but the area remains boomed as a precaution.

Original 3/16:

A freight train derailment in Anacortes early Thursday morning spilled about 3,000 gallons of diesel.

The Washington State Department of Ecology tweeted about the incident around 6 a.m., saying that the Ecology and the Marine Spill Response Corporation were responding to the scene of the derailment on the Swinomish Reservation in Anacortes.

Ohio derailment raises questions about Washington rail safety

Ecology & the Marine Spill Response Corporation are responding to a BNSF train derailment on the Swinomish Reservation in Anacortes. ~5000 gallons of diesel leaked at this time. Spill happened on a berm & most of diesel leaked on land side. No injuries. pic.twitter.com/RHctfXDngE

— WA Department of Ecology (@EcologyWA) March 16, 2023

The spill occurred on a berm, a raised bank bordering a body of water, on the south side of Padilla Bay. Department of Ecology reported that most of the diesel leaked out onto the land side.

Just arrived on scene. Efforts to move the train are ongoing. @KIRO7Seattle pic.twitter.com/XoFiiSYR8j

— Briseida Holguin (@BriseidaHolguin) March 16, 2023

In response to the BNSF train derailment on the Swinomish Reservation this morning, Tom Wooten, Chairman of the Samish Indian Nation, released a statement.

“We are concerned about the oil spill occurring on the Swinomish Reservation. Public and worker safety is paramount as is the protection of our environment. Thankfully, no one was injured.

This spill, while it may not be considered large through an environmental lens, signals a larger infrastructure issue as this is happening more and more frequently across the country. Our top priority should be evaluating the maintenance of our infrastructure while hauling hazardous materials and continuing to wean away from fossil fuels and preserving our native lands.”

No injuries have been reported at this time.

The train belonged to BNSF Railway, a North American freight railroad company.