Trains.com

BNSF receives $395 million trespassing fine

2808 views
15 replies
1 rating 2 rating 3 rating 4 rating 5 rating
  • Member since
    November 2014
  • 250 posts
BNSF receives $395 million trespassing fine
Posted by ORNHOO on Tuesday, June 18, 2024 4:06 PM

"Willful, conscious, and knowing throughout the trespass period"

https://www.kuow.org/stories/bnsf-ordered-to-pay-395-million-after-years-of-trespassing-on-swinomish-land

 

  • Member since
    June 2009
  • From: Dallas, TX
  • 6,952 posts
Posted by CMStPnP on Tuesday, June 18, 2024 6:57 PM

The only reason they did it is because they thought they could get away with it.   What they should have done is paid for the easement instead of taking the cheap way out earlier of only paying $125k.

  • Member since
    January 2015
  • 2,678 posts
Posted by kgbw49 on Tuesday, June 18, 2024 9:16 PM

That will take BNSF's 2024 Net Income down 8%-10%.

  • Member since
    December 2006
  • 1,754 posts
Posted by diningcar on Wednesday, June 19, 2024 8:41 AM

 What they should have done is paid for the easement instead of taking the cheap way out earlier of only paying $125k.

Having negotiated many times for railroad ROW I suggest we not make judgments. Unless you were " at the table" you cannot know what was offered or requested.

  • Member since
    June 2009
  • From: Dallas, TX
  • 6,952 posts
Posted by CMStPnP on Wednesday, June 19, 2024 9:39 AM

kgbw49
That will take BNSF's 2024 Net Income down 8%-10%.

Big daddy is buying a large chunk of a Oil Company now (OXY), so they might not worry about that.   I got there before he did so hopefully, I can get some of that money.

  • Member since
    July 2006
  • 1,530 posts
Posted by NKP guy on Wednesday, June 19, 2024 10:00 AM

This is deplorable and dismaying. I always thought BNSF was a better company than to do this.

Someone, some time, put his signature on this project; I doubt he'll be made publicly accountable, but he ought to be.

As a white guy, I cringe whenever I read about some of us ripping off the Indians-- again. 

 

 

 

 

  • Member since
    June 2009
  • From: Dallas, TX
  • 6,952 posts
Posted by CMStPnP on Wednesday, June 19, 2024 11:09 AM

diningcar
Having negotiated many times for railroad ROW I suggest we not make judgments. Unless you were " at the table" you cannot know what was offered or requested.

There is a legal brief above, did you read through it?     It's pretty clear and the railroad is not disputing the content, that I can see.

  • Member since
    December 2006
  • 1,754 posts
Posted by diningcar on Wednesday, June 19, 2024 2:20 PM

CMStPnP

I was talking about the original negotiations when the ROW was created.

  • Member since
    September 2003
  • 21,669 posts
Posted by Overmod on Wednesday, June 19, 2024 5:06 PM

There is a very good thread about this over on RyPN.

The refineries in question were originally intended to be supplied by ship, and the products shipped by pipeline.  The thing that was to be sent via rail was petcoke, hence the 25 car arrangement.

With the advent of undegassed Bakken-style crude, which "had" to be shipped by rail, the railroad needed additional trainload rights.  Does not appear they dealt fairly in obtaining them.

The concern was likely much more about 'Blast Zone' than spillage of light crude in a derailment.  As noted, the "spill" being mentioned now involved locomotive fuel, not crude oil from a tank car, and it is disingenuous at best to see this conflated in "news" coverage.  The real 'problem' for the tribe was addressed when mandatory degassing of the Boom Crude came in (I believe on Sarah's watch), in other words when the whole Blast Zone story suddenly collapsed and disappeared.

  • Member since
    May 2003
  • From: US
  • 25,292 posts
Posted by BaltACD on Wednesday, June 19, 2024 5:56 PM

diningcar
CMStPnP

I was talking about the original negotiations when the ROW was created.

BNSF is obligated to KNOW the requirements of the Original Agreement.  In knowing the limits of the Original Agreement, it became their responsibility to negotiate an addendum to that agreement when it became OBVIOUS that they would have more traffic than the Original Agreement provided for.  

Never too old to have a happy childhood!

              

  • Member since
    August 2004
  • From: The 17th hole at TPC
  • 2,283 posts
Posted by n012944 on Wednesday, June 19, 2024 8:40 PM

NKP guy

As a white guy, I cringe whenever I read about some of us ripping off the Indians-- again. 

 

 

 

 

 

 

Sigh

An "expensive model collector"

  • Member since
    February 2005
  • From: Vancouver Island, BC
  • 23,330 posts
Posted by selector on Thursday, June 20, 2024 7:23 PM

n012944

 

 

 

 
NKP guy

As a white guy, I cringe whenever I read about some of us ripping off the Indians-- again. 

 

 

 

 

 

 

 

 

Sigh

 

Yeah, who calls them injuns anymore? Mischief

  • Member since
    May 2003
  • From: US
  • 25,292 posts
Posted by BaltACD on Thursday, June 20, 2024 9:23 PM

selector
 
n012944 
NKP guy

As a white guy, I cringe whenever I read about some of us ripping off the Indians-- again.  

Sigh 

Yeah, who calls them injuns anymore? Mischief

Thought in your neck of the woods, they were term 'First Nations'.

The reality, in railroad parlance, 'the Natives are the prior rights possessors of the land'.

Never too old to have a happy childhood!

              

  • Member since
    December 2001
  • From: Northern New York
  • 25,020 posts
Posted by tree68 on Saturday, June 22, 2024 6:52 AM

Ahh, "manifest destiny..."

LarryWhistling
Resident Microferroequinologist (at least at my house) 
Everyone goes home; Safety begins with you
My Opinion. Standard Disclaimers Apply. No Expiration Date
Come ride the rails with me!
There's one thing about humility - the moment you think you've got it, you've lost it...

  • Member since
    September 2003
  • 21,669 posts
Posted by Overmod on Saturday, June 22, 2024 7:26 AM

Curfew manifest destiny?

  • Member since
    August 2004
  • From: The 17th hole at TPC
  • 2,283 posts
Posted by n012944 on Tuesday, July 2, 2024 6:31 PM

selector

 

 
n012944

 

 

 

 
NKP guy

As a white guy, I cringe whenever I read about some of us ripping off the Indians-- again. 

 

 

 

 

 

 

 

 

Sigh

 

 

 

Yeah, who calls them injuns anymore? Mischief

 

 

Well since the CEO of BNSF is a woman, it wasn't "some of us", like the OP implied.  

An "expensive model collector"

Join our Community!

Our community is FREE to join. To participate you must either login or register for an account.

Search the Community

Newsletter Sign-Up

By signing up you may also receive occasional reader surveys and special offers from Trains magazine.Please view our privacy policy