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Spokane, Washington  Est. May 19, 1883

Down To Earth

BNSF Railways, Coal Shippers Sued in Federal Court for Water Contamination Violations

Big news on the coal train front from the Beyond Coal Exports campaign: Yesterday, the Sierra Club and its partners filed suit against Burlington Northern Santa Fe Railway Company (BNSF) and several coal companies for violations of the federal Clean Water Act. The Sierra Club, Puget Soundkeeper, Columbia Riverkeeper, RE Sources for Sustainable Communities, and Friends of the Columbia Gorge sent a 60 day notice in April after collecting evidence demonstrating the companies’ responsibility for emitting coal into waterways in several locations across Washington. Spokane Riverkeeper and the Natural Resources Defense Council (NRDC) recently sent a notice letter for these violations as well.

“BNSF and the other coal shippers had two months to figure out a way to stop polluting our waterways and communities with coal dust but they chose to do nothing to find a solution,” said Cesia Kearns, Senior Campaign Representative of the Sierra Club’s Beyond Coal Exports campaign. “After years of railroad and coal companies playing the coal dust blame game, the last two months proved we can only expect more of the same from these companies. ”

The suit was filed in U.S. District Court for the Western District of Washington in Seattle, where coal dust has been identified in and along multiple waterways. Seattle Mayor Mike McGinn, a co-founder of the Leadership Alliance Against Coal comprised of over 40 Northwest tribal and elected leaders, has actively opposed the plan to develop coal export terminals in Washington and Oregon which would send 18 coal trains per day through Seattle, and is now speaking out against the Clean Water Act violations.

“We are concerned about the effects of coal dust on our environment and on our waterways,” said Seattle Mayor Mike McGinn. “It is important that the coal companies comply with our environmental laws.”

According to BNSF testimony at hearings before the Surface Transportation Board, each rail car loses an average of 500-3,500 pounds of coal dust. Coal trains are composed of approximately 120 rail cars, resulting in an average of 60,000-420,000 lbs of coal lost per train, each trip. A massive increase in rail traffic and longer trains are expected in the future should new hotly contested coal export terminals be built in Washington and Oregon.

BNSF Railway, owned by Warren Buffett’s Berkshire Hathaway, is one of the largest coal transporters in the United States. It is responsible for hauling an average of 4 trains, or 480 open-top rail cars, carrying coal through Washington daily. BNSF ships nearly 300 million tons of coal through 28 states each year, coming in contact with countless waterways every trip.

“If we’re seeing this much coal from just a few trains in Washington every day, it begs the question of what problems other waterways in states across the country might also be facing,” said Bart Mihailovich, Spokane Riverkeeper. 

Plaintiffs intend to file a similar action in the Eastern District of Washington at a later date. To read the rest, check out Beyond Coal. 



Down To Earth

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