Swinomish Indian Tribal Community v. BNSF Railway Co., No. 18-35704 (9th Cir. 2020)
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The Ninth Circuit affirmed the district court's interlocutory orders denying BNSF's motion for summary judgment on the Tribe's claim that BNSF violated a right-of-way and easement agreement limiting train traffic across the Tribe's reservation.
The panel affirmed the district court's judgment, holding that the Interstate Commerce Commission Termination Act (ICCTA) does not repeal the Indian Right of Way Act and does not defeat the Tribe's right to enforce conditions in a right-of-way easement agreement issued pursuant to the Right of Way Act; the ICCTA does not abrogate the Treaty of Point Elliott and the Tribe's treaty-based federal common law right to exclude and condition a third-party's presence on, and use of, Reservation lands; and the Tribe has the right to pursue injunctive relief to enforce the terms of the Easement Agreement. The panel remanded for further proceedings.
Court Description: Indian Law. The panel affirmed the district court’s interlocutory orders denying defendant BNSF Railway Co.’s motion for summary judgment on Swinomish Indian Tribal Community’s claim that BNSF violated a right-of-way and easement agreement limiting train traffic across the Tribe’s reservation. The district court held that BNSF violated the terms of the easement agreement, issued pursuant to the Indian Right of Way Act, and the Tribe was entitled to injunctive relief. The panel held that the Interstate Commerce Commission Termination Act did not repeal the Indian Right of Way Act and did not defeat the Tribe’s right to enforce conditions in the easement agreement. The panel further held that the ICCTA did not abrogate the Treaty of Point Elliott and the Tribe’s treaty-based federal common law right to exclude and condition a third party’s presence on, and use of, reservation lands. Finally, the panel held that the Tribe had the right to pursue injunctive relief to enforce the terms of the easement agreement. The panel remanded the case to the district court. SWINOMISH INDIAN TRIBAL CMTY. V. BNSF 3
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