Case Updates
Ninth Circuit affirms district court judgment that allowed tribal community to block rail shipments through common law claims, despite extensive statutory scheme governing rail shipment and disputes
March 04, 2020
Click here to view the opinion. The U.S. Chamber filed an amicus brief opposing this result.
U.S. Chamber and coalition urge Ninth Circuit to reverse district court judgment permitting plaintiffs to bring common law suits to block rail shipments in contravention of Congress’s exclusive scheme of regulatory remedies for disputes over rail shipment
November 21, 2018
Click here to view the amicus brief filed jointly by the U.S. Chamber, American Chemistry Counsel, American Petroleum Institute, National Association of Manufacturers, American Fuel & Petrochemical Manufacturers, and the National Mining Assocation.
Jeffrey M. Harris of Consovoy McCarthy Park PLLC served as co-counsel for the amici.
Case Documents
- Order Granting Plaintiff’s Motion for Reconsideration -- Swinomish Indian Tribal Community v. BNSF Railway Co. (USDC - Western District of Washington).pdf
- U.S. Chamber Amicus Brief -- Swinomish Indian Tribal Community v. BNSF Railway Co. (Ninth Circuit).pdf
- Opinion -- Swinomish Indian Tribal Community v. BNSF Railway Co. (Ninth Circuit).pdf