BNSF Railway Breached Right-Of-Way Agreement With Tribe, Judge Finds

(January 18, 2017, 1:29 PM EST) -- SEATTLE — A Washington Indian tribe can seek damages against BNSF Railway Co. for increasing train traffic on a reservation right of way without first getting approval from the tribe but cannot obtain an injunction in federal court to halt the added train traffic, a federal judge ruled Jan. 13, adding that the tribe can still pursue cancellation of the right of way under the Indian Right of Way Act of 1948 (Swinomish Indian Tribal Community v. BNSF Railway Company, No. 15-0543, W.D. Wash.; 2017 U.S. Dist. LEXIS 5497)....

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