Railway company BNSF has had permission from the indigenous Swinomish Indian Tribal community to use tracks passing through the community's territory in Washington state since 1991, the Seattle Times reports.
However, the agreement provides that a maximum of 25 wagons per day are allowed to pass and the community must be informed about the type of cargo.
The Swinomish people filed a lawsuit in 2015 after BNSF shipped significantly more train cars carrying crude oil to nearby refineries without obtaining specific permission for the freight or quantity.
The previous decision had already found the company to be in violation of the 1991 agreement. In the present case, the court had to determine how much the company earned from transporting crude oil as well as how much it owed the indigenous community.
The judge said it was unclear how BNSF invested its "ill-gotten" profits and what returns it received as a result. He said he believed those responsible made profits that far outweighed their misconduct.
"The Court believes that in the interests of justice and equity, a supplemental increase in an amount equal to money market returns is appropriate here," the judge said.
The territory of the Swinomish people is located on the Pacific coast in the northwest of the United States. Fishing holds important cultural and economic value for the community.
Last year, a large amount of diesel fuel was spilled on their land after two BNSF trains derailed.
int/sha
However, the agreement provides that a maximum of 25 wagons per day are allowed to pass and the community must be informed about the type of cargo.
The Swinomish people filed a lawsuit in 2015 after BNSF shipped significantly more train cars carrying crude oil to nearby refineries without obtaining specific permission for the freight or quantity.
The previous decision had already found the company to be in violation of the 1991 agreement. In the present case, the court had to determine how much the company earned from transporting crude oil as well as how much it owed the indigenous community.
The judge said it was unclear how BNSF invested its "ill-gotten" profits and what returns it received as a result. He said he believed those responsible made profits that far outweighed their misconduct.
"The Court believes that in the interests of justice and equity, a supplemental increase in an amount equal to money market returns is appropriate here," the judge said.
The territory of the Swinomish people is located on the Pacific coast in the northwest of the United States. Fishing holds important cultural and economic value for the community.
Last year, a large amount of diesel fuel was spilled on their land after two BNSF trains derailed.
int/sha
