BNSF Can't Escape Suit Over Coal Spillage From Railcars

Law360, Chicago (January 3, 2014, 2:22 PM EST) -- A federal judge in Washington state on Thursday refused to toss a suit accusing BNSF Railway Co. of polluting the state’s waterways by allowing coal to escape from railcars, saying plaintiffs led by the Sierra Club deserve a chance to flesh out their claims.

U.S. District Judge Lonny R. Suko issued an order rejecting the railway operator’s argument that many of the plaintiffs’ claims exceeded the scope of the Clean Water Act because they related to coal materials discharged initially onto land, rather than directly into...
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