Burlington Northern Santa Fe Railroad v. Assiniboine & Sioux Tribes of the Fort Peck Reservation
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge BERZON; Concurrence by Judge GOULD.
OPINION
BERZON, Circuit Judge.
BACKGROUND
The Burlington Northern Santa Fe Railroad Company (“BN” or “the Company”), a non-Indian corporation, runs a rail line that crosses over 80 miles of the Fort Peck Indian Reservation (“the Reservation”), governed by the Assiniboine and Sioux Tribes (“the Tribes”). The rail line is built on a right-of-way granted by Congress in 1887 to BN’s predecessor-in-interest. Act of Feb. 15, 1887, ch. 130, 24 Stat. 402. BN runs an average of 26 trains per day over the rail line through the Reservation, totaling more…
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