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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!