EPA v. BNSF KOOTENAI RIVER OIL SPILL

Case summary

On December 11, 2025, Region 10 filed a consent agreement and final order resolving violations of the Clean Water Act by the BNSF Railway Company, BNSF headquarters located in Fort Worth, Texas. Respondent discharged approximately 3470 gallons of locomotive diesel fuel into waters of the United States, impacting the Kootenai River near Katka, Idaho. A BNSF freight train collided with rockslide debris on track on January 1, 2020 in the Kootenai River canyon near Katka, derailing three locomotives with the lead locomotive becoming submerged in the river and spilling diesel fuel from a punctured fuel tank. The Kootenai River is home to a multitude of fish species including burbot, bull trout, and the Kootenai River white sturgeon which are culturally significant to the Kootenai Tribe of Idaho (KTOI) and are special status species. The Kootenai River white sturgeon is federally and state listed as an endangered species, bull trout is listed as a federally threatened species, and burbot is listed as state endangered species. The KTOI own and operate two fish hatcheries for sturgeon and burbot within approximately 6-20 river miles downstream of the train spill site. BNSF has agreed to pay a penalty of $191,000. BNSF implemented up-slope rockfall response and prevention work at the 2020 derailment site to minimize and prevent future train derailments due to rockslides. BNSF made confidential business information (CBI) claims regarding their rockfall response/prevention program so the case team did not get actual post-rockslide/derailment estimated costs of the up-slope response and prevention work.

Defendants (1)

• BNSF RAILWAY COMPANYNamed in complaintNamed in settlement

Facilities (1)

• BNSF RAILYWAY COMPANY

  KOOTENAI RIVER CANYON RM 174, KATKA, ID, 83805

  Registry ID: 110072111783

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• BNSF KOOTENAI RIVER OIL SPILLentered 2025-12-11

  Primary law: CWA

  Federal penalty: $191,000

Timeline (4 milestones)

• 2025-09-16Enforcement Action Data Entered
• 2025-12-11Final Order Issued
• 2025-12-11Complaint Filed/Proposed Order
• 2025-12-16Enforcement Action Closed