BNSF Asks 9th Circ. To Rethink Tribe's Oil Shipping Win

Law360 (March 31, 2020, 7:25 PM EDT) -- BNSF Railway Co. has urged the Ninth Circuit to revisit a ruling that the Swinomish Indian Tribal Community can try to block the company’s increase in oil shipments across reservation land, saying that the Surface Transportation Board alone can regulate the railroad’s common carrier responsibilities.

A Ninth Circuit panel ruled in favor of the Swinomish tribe in early March, agreeing with a lower court that the Interstate Commerce Commission Termination Act did not prevent the Washington tribe from trying to enforce its rights under an easement agreement.

In a petition for panel rehearing or rehearing en banc Monday, BNSF said that...

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