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You may recall back in June, the suit filed against Burlington Northern Santa Fe Railway Company (BNSF) and several coal companies for violations of the federal Clean Water Act after evidence was collected that demonstrated the companies’ responsibility for emitting coal into waterways in several locations across Washington.

Well, the case reached an important milestone as the U.S. District Court for the Eastern District of Washington denied a motion to dismiss, allowing the Clean Water Act case to proceed. The Sierra Club, Puget Soundkeeper, Columbia Riverkeeper, Spokane Riverkeeper, RE Sources for Sustainable Communities, Natural Resources Defense Council (NRDC), and Friends of the Columbia Gorge, filed the lawsuit on July 24, 2013, after finding substantial amounts of coal in and along several Washington waterways near BNSF rail lines. A similar case is also pending before the Western District of Washington in Seattle.

From the Spokane Riverkeeper: According to sworn testimony by BNSF Vice President of Transportation, Gregory Fox, “BNSF estimates that up to 500 pounds of coal dust may be lost from the top of each car.” The company currently sends four uncovered coal trains through the state every day, each with an average of 120 rail cars. Based on the company’s figures, BNSF’s trains lose an estimated 240,000 pounds of coal dust along its route daily.

“This victory is the first step in holding BNSF accountable for their continual pollution of our waterways,” said Cesia Kearns of the Sierra Club. “The court’s decision to move the case forward is a step in the right direction to stop coal—and its toxic associates, lead, arsenic, and mercury—from further poisoning our fish, our water, and our families. We take these threats seriously, and after today’s court decision we hope BNSF finally will too.”

Read the rest HERE. 

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