BNSF train derailment: Who are Swinomish Indian people revealed as diesel spill strengthens legal case against railways

A BNSF train bound for Burlington derailed on the Swinomish Reservation in Anacortes, Washington, on Thursday, March 16, 2023, resulting in thousands of gallons of diesel spilling onto tribal land. The unfortunate incident occurred on a berm along Padilla Bay.

In a tweet shared around 6 am, the Washington State Department of Ecology reported that most of the fuel leaked on land rather than touching the shore and waters.

A separate post by the department explained that the incident took place around midnight and they were apprised at 1 am. Within an hour, the cleanup crew was on the scene and took mitigative steps.

The train's two locomotives derailed along with a buffer car that partially derailed, causing up to 2,500 gallons of diesel to spill. According to the Department of Ecology, on-site responders lined the shoreline with booms to arrest water contamination. The Coast Guard also kept the shore closely monitored.

On Twitter, the Environmental Protection Agency (EPA), the lead investigating agency, shared an update that stated that they removed "1,200 cu. yds of diesel contaminated soil" and pumped "3000 gal. of contaminated groundwater."

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BNSF previously violated a 1991 agreement with the Indian community that limited number and length of trains

The Swinomish People, also called the People of the Salmon, make up the federally recognized tribe comprising the Coast Salish people who are descendants of the original tribes that lived in the surrounding areas. Their culture is centered around saltwater resources, local flora, and fauna.

In 1991, the Tribe and BNSF signed an agreement that required the railway company to inform the Reservation community of the type of cargo contained on any train. The agreement also permitted only one train, not more than 25 cars long, in each direction daily.

Clean-up crew working (Image via Twitter/@EcologyWA)

However, in 2012, the community learned that at least six trains of 100 cars each were running every week across the Reservation. According to a press release by the Swinomish Tribal Community, they filed a lawsuit in 2015 against the Railway for running thousands of trains carrying highly dangerous crude oil through the reservation and its sensitive ecosystem without consent.

On Monday, March 20, 2023, a trial is set to begin in relation to the 2015 case. Thursday morning's BNSF spill will serve to bolster the prosecutor's case.

In a statement, Steve Edwards, Chairman of the Swinomish Indian Tribal Community, thanked the first responders for their tireless efforts to ensure minimal harm to the environment.

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What did EPA say about the BNSF train derailment?

Michael Sibley of the EPA remarked that their utmost priority is to remove any contaminated soil. They would then test the area before filling it with clean soil. He added that no wildlife or fish were impacted.

According to the agency, the clean-up crew excavated the soil until the samples taken were free from any unclean soil. Samples were tested at a mobile lab set up and additional samples were sent to a lab for independent analysis to verify the results.

Sibley remarked that monitoring could continue for up to a year.

In addition to the derailment in Washington, another BNSF train carrying corn syrup derailed in Arizona on Thursday.