Search

Hazmat Trespass: Railroad Ordered to Pay $394M

Posted on 6/18/2024 by Lion Technology Inc.

A rail company has been ordered by a Federal judge to pay about $394 million to a Native American tribe in Washington State. The company allegedly trespassed intentionally when it repeatedly ran 100-car trains carrying crude oil across the tribe's reservation.

In 1991, the tribe granted an easement allowing limited use of the tracks that limited rail traffic to one train of 25 cards per day in each direction. Twenty years later, a nearby refinery had plans to start receiving crude oil trains through the tribe’s land.

The tribe sued in 2015 after the rail company dramatically increased the number of cars it was running across the reservation. Last year, two of the rail company’s engines derailed on the tribe’s land, leaking an estimated 3,100 gallons of diesel fuel.

Hazmat Trespass: Railroad Ordered to Pay $394M

The tribe and the rail company discussed amending the agreement, which may have increased the number of cars allowed through the reservation, but did not finalize any amendments.

A judge stated that the $394 million assessment includes $32 million in post-tax profits such as investment income. The judge also noted that, had the real value of the company’s post-tax profits been included, that $394M total would have been hundreds of millions of dollars more.

Upcoming In-person DOT Hazmat Training

Join Lion for engaging, lively in-person training and develop the expertise you need to classify and name hazardous materials, package hazmat, mark and label packages, fill out shipping papers, and comply with DOT security plan and security training requirements for hazmat employees.

Hazmat Ground Shipper Certification (DOT) Workshop

Tags: hazardous materials, Rail

Find a Post

Compliance Archives

Lion - Quotes

Excellent class, super instructor, very easy to follow. No rushing through material. Would like to take his class again.

Lawrence Patterson

EH&S Facility Maintenance & Security Manager

Lion's course was superior to others I have taken in the past. Very clear in the presentation and the examples helped to explain the content presented.

George Bersik

Hazardous Waste Professional

The instructor was very knowledgeable and provided pertinent information above and beyond the questions that were asked.

Johnny Barton

Logistics Coordinator

The instructor was excellent. They knew all of the material without having to read from a notepad or computer.

Gary Hartzell

Warehouse Supervisor

Lion was very extensive. There was a lot of things that were covered that were actually pertaining to what I do and work with. Great Job. I will be coming back in three years!

Tony Petrik

Hazmat Shipping Professional

Lion's information is very thorough and accurate. Presenter was very good.

Melissa Little

Regulatory Manager

The instructor was probably the best I ever had! He made the class enjoyable, was humorous at times, and very knowledgeable.

Mary Sue Michon

Environmental Administrator

This training broke down the regulations in an easy-to-understand manner and made them less overwhelming. I now feel I have the knowledge to make more informed decisions.

Amanda Oswald

Shipping Professional

Given the choice, I would do all coursework this way. In-person courses go very fast without the opportunity to pause or repeat anything.

Ellen Pelton

Chemical Laboratory Manager

I have over 26 years of environmental compliance experience, and it has been some time since I have attended an environmental regulations workshop. I attended this course as preparation for EHS Audits for my six plants, and it was exactly what I was looking for.

Frank Sizemore

Director of Regulatory Affairs

Download Our Latest Whitepaper

Just starting out with shipping lithium batteries? The four fundamental concepts in this guide are the place to start.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.