[MCN] BNSF railway wants to continue its business carrying oil to market

[Lance Olsen]

Railway asks court for 2nd shot at Bakken crude dispute
Niina H. Farah <https://www.eenews.net/staff/Niina_H_Farah>, E&E News reporter
Published: Wednesday, April 1, 2020

BNSF Railway Co. has requested a rehearing in a federal appeals court case over shipping crude oil over American Indian tribal land. Oil tank cars in Trempealeau, Wis., are pictured. Roy Luck/Flickr
Opening paragraphs : 

A railway company this week asked a federal court to rehear its plea to block an American Indian tribe's challenge to crude oil shipments close to a reservation in Washington state.

BNSF Railway Co. on Monday asked <https://www.eenews.net/assets/2020/04/01/document_ew_01.pdf> for a larger roster of active judges on the 9th U.S. Circuit Court of Appeals to reconsider the company's legal dispute with the Swinomish Indian Tribal Community.

The railway warned that a decision handed down last month by three of the court's judges would have significant implications for the major refineries served by the single rail line and could be more broadly harmful because of the ruling's precedential effect.

"This Court is two steps down a path that weakens the uniform federal control of rail carriers that has allowed this quintessential channel of interstate commerce to serve the Nation so well," BNSF wrote to the 9th Circuit. "The Court should reconsider."
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