EPA v. BNSF RAILWAY COMPANY

Case summary

Under a Stipulation of Settlement, BNSF will be required to pay $1,513,750 to resolve alleged violations of the Clean Water Act for an oil spill that occurred near Doon, Iowa on June 22, 2018. BNSF, which is headquartered in Fort Worth, Texas, operates one of the largest railroad networks in North America, and employs approximately 41,000 people. BNSF discharged approximately 117,568 gallons of Canadian heavy crude oil after a freight train it was operating partially derailed. Prior to the spill, the area had experienced significant flooding, which created a direct pathway for the spilled oil to flow to the Rock River, its tributaries, as well as adjacent wetlands. The oil spill resulted in the issuance of an evacuation order that affected twenty people, closure of a nearby drinking water well field, threats to several drinking water intakes for nearby communities, deaths of at least three animals, and threats to habitats for an endangered species of fish and migratory birds. According to EJSCREEN data, the area surrounding the spill location does not have potential environmental justice concerns.

Defendants (1)

• BNSF Railway CompanyNamed in complaintNamed in settlement

Facilities (1)

• BNSF RAILROAD

  2600 LOU MENK DRIVE, FORT WORTH, TX, 76131

  Registry ID: 110014415784

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• BNSF RAILWAY COMPANYentered 2021-12-17

  Primary law: CWA

  Federal penalty: $1,513,750

Timeline (7 milestones)

• 2019-04-01Referred To Dept Of Justice
• 2019-08-08Enforcement Action Data Entered
• 2021-12-17Complaint Filed With Court
• 2021-12-17Final Order Lodged
• 2021-12-17Final Order Entered
• 2021-12-17Concluded
• 2021-12-17Enforcement Action Closed