Swinomish Indian Tribal Community v. BNSF Railway Co. and its Effect on Litigation Challenging BIA’s New Rights-of-Way Regulations
Why this work is in the frame
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Bibliographic record
Abstract
The agreement placed a limitation on the ability of the Tribe to control the amount of traffic on the tracks.It stipulated that " [t]he number of trains and cars shall not be increased unless required by shipper needs," but "[t]he Tribe agrees not to arbitrarily withhold permission to increase the number of trains or cars when necessary to meet shipper needs." 4 BNFS has not asked the Tribe for permission to increase the number of trains running through the Reservation.This resistance is likely due, in part, to the fact that shipping crude is lucrative for BNSF, particularly with the current boom in oil production in the United States.Since 2008, crude oil production has nearly doubled, having increased from 5 million to 9.4 million barrels per day. 5 The uptick in production has put substantial pressure on railroads to transport the growing amount of crude oil to refineries.The increase in crude oil production has largely affected landlocked states that lack the ability to transport crude oil via pipeline or boat. 6 Without pipelines or ships to transport oil, railroads now are the dominant method of crude oil transportation, particularly from the Bakken Shale Formation in northwestern North Dakota, eastern Montana, and southern Canada.The Tribe's lawsuit has environmental and monetary consequences not only for the Tribe and BNSF, but also for companies shipping crude to the refinery in Anacortes.Tesoro Refining & Marketing Company (Tesoro) ships Bakken crude to Cherry Point, and the outcome of this case will have an enormous impact on how lucrative and worthwhile such an operation will be.Consequently, Tesoro filed a petition with the Surface Transportation Board (STB) 7 on June 3, 2016, requesting "the STB to reaffirm that federal law protects the rights of shippers to 4 Right-of-Way Easement, supra note 2.
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Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.001 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.007 | 0.001 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.001 | 0.000 |
| Research integrity | 0.000 | 0.001 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it