Washington Federal Court Holds that Railroad is Liable for Trespass on Swinomish Lands

Here are the available trial materials from Swinomish Indian Tribal Community v BNSF Railway Company (W.D. Wash.):

207 Swinomish Trial Brief

208 BNSF Trial Brief

And here is the judge’s decision:

Prior post here.

Second Circuit Allows Thruway Trespass Suit against New York to Proceed

Here are the materials in Seneca Nation v. Hochul:

Lower court materials here.

Federal Court Allows Seneca Trespass Action against New York Thruway to Proceed, Allows Interlocutory Appeal

Here are the materials in Seneca Nation v. Cuomo (W.D. N.Y.):

41 Seneca Supplemental Brief

44 New York Supplemental Brief

47 Seneca Supplemental Brief

48 DCT Order

Earlier briefs here.

Case Materials in Seneca Nation v. Andrew Cuomo, et. al. (W.D.N.Y) [New York Thruway Easement]

Here:

Doc. 1_Complaint (04.11.18)

Doc. 16 and 16-1_Defs’ Motion to Dismiss (06.05.18)

Doc. 22_Pltf’s Response in Opp to Defs MTD (08.10.18)

23 Reply

29 Magistrate Report

Update:

32 Objections

36 Response

37 Reply

Navajo Nation Sues and Seeks TRO Against State Court Jurisdiction Over Easement on Allotted Land

Here are the materials in the matter of Navajo Nation et al v. Rael et al, 16-cv-00888 (D. N.M. 2016):

Doc. 1 – Complaint for Injunctive and Declaratory Relief

Doc. 2 – Motion for Expedited Temporary Restraining Order

Federal Court Denies Motion to Dismiss in Swinomish Suit against BNSF Railroad

Here are the materials in Swinomish Indian Tribal Community v BNSF Railway Company (W.D. Wash.):

8 BNSF Motion to Dismiss or Stay

11 Response

13 Reply

19 DCT Order

We posted the complaint here.

The Stranger on the Swinomish Tribe’s Fight against BNSF’s Railroad

Here is “How One Tribe Could Slow the Rate of “Bomb Trains” Through Seattle.”An excerpt:

The Swinomish Indian Tribal Community couldn’t have known that more than a century later, crude-oil trains would be rattling along that very route—and across reservation land—carrying with them a well-established risk of derailing and exploding. In fact, the only way today’s Swinomish people knew that trains full of crude oil were passing through their land was from media reports in 2012. They’re not alone. As it stands, railroads still don’t have to disclose crude-by-rail routes.