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      Judge Orders Rail Operator to Pay $400 Million to Tribe for Trespassing

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      BNSF Railway broke its agreement with the Swinomish Indian Tribal Community when it ran hundreds of train cars a week containing crude oil through the tribe’s land in Washington State, according to a federal judge.A judge has ordered a railway company to pay nearly $400 million for trespassing on Native American land by far exceeding the number of train cars carrying crude oil that it was allowed to run through a tribe’s land, according to documents filed Monday in federal court in Washington State.According to the documents, filed in U.S. District Court in Seattle, the company, BNSF Railway — which operates one of the largest railroad networks in North America — committed “willful, conscious and knowing trespass” when it ran several 100-car trains carrying crude oil every week through the Swinomish Reservation, which spans about 15 square miles on Fidalgo Island in the western part of the state.Under an agreement between the Swinomish Indian Tribal Community and the rail company, one eastern-bound train, and one western-bound train, of 25 cars or less, were allowed to pass through the tribe’s land each day. But from September 2012 to May 2021, BNSF exceeded that allowance, with at least six 100-car trains traveling in each direction per week, according to a 2015 lawsuit filed by the tribe.Each week, the trains passed through the far north end of the tribe’s land, near a casino, gas station, convenience store and R.V. park, lawyers for the tribe said in the suit. They noted that crude oil, notoriously dangerous cargo, had resulted in derailments, deadly explosions and spills, as well as environmental contamination. BNSF ignored repeated demands by the tribe to cease its “unauthorized use,” according to the suit, and said it would continue running the same number of trains through Swinomish land. In a trial earlier this month, it was determined that the rail company had “breached the contractual obligations” of its agreement with the tribe, and that it should be stripped of the net profits gained through its unauthorized use of Swinomish land, Judge Robert S. Lasnik said in court documents that were filed Monday.In an email on Monday, BNSF refused to comment on the case, and lawyers representing the company did not immediately respond to requests for comment. Steve Edwards, the chairman of the tribe, said in a statement on Monday that the group was thankful that Judge Lasnik had ruled in its favor. He noted that the large sum the judge had ordered the rail company to pay reflected the “enormous wrongful profits that BNSF gained by using the tribe’s land day after day, week after week, year after year over our objections.”“This land is what we have,” Mr. Edwards said. “We have always protected it, and we always will.” More

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      Rush-Hour Delays Again Hit New Jersey Transit Commuters

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      A track inspection held up travelers for more than an hour, two weeks after a suspension of service stopped all Amtrak trains into New York’s Penn Station.Another round of delays at New York’s Pennsylvania Station on Wednesday night gave commuters flashbacks to the meltdown two weeks ago, when fallen electrical wires in New Jersey forced Amtrak to suspend train service on the entire Northeast Corridor between New York and Washington for most of the night.Wait times this time around were not as severe. Trains leaving Penn Station for New Jersey faced 45-minute delays starting at 5:16 p.m. because of an inspection of tracks owned by Amtrak in Secaucus, N.J., according to an Amtrak spokesman.Large crowds gathered inside the station after 6 p.m., as at least 10 New Jersey Transit trains were unable to depart on time. Only one Amtrak train was delayed by 33 minutes, said Jason Abrams, an Amtrak spokesman. The track inspection was complete by 6:25 p.m., Mr. Abrams said, and service began to return to normal.The delays are an “ongoing issue,” said Antonio Shaw, 33, who arrived at Penn Station at 5:45 p.m. for a train to Rahway, N.J. “It’s frustrating as a commuter,” he said.The Northeast Corridor is the busiest section of passenger rail track in the United States. The section between Newark, N.J., and New York includes some of the nation’s oldest train infrastructure, including rail yards in Kearny, N.J., and a pair of tunnels under the Hudson River, which were built to service the original Pennsylvania Station in New York, which opened in 1910.Parts of the line are failing. In 2014, Amtrak said it would be forced to close at least one of the tunnels by 2034 because of damage caused by age and chemicals left behind by floods from Hurricane Sandy in 2012.At least in part because of that aging infrastructure, commuters who rely the most on train lines using the Northeast Corridor face the most frequent delays. New Jersey Transit lines that don’t use the corridor, including the Main-Bergen and Pascack Valley Lines, arrive at their destinations on time more than 95 percent of the time, according to the agency.The New Jersey Transit line from New York to Trenton, N.J., follows the Northeast Corridor the entire way. It has the agency’s second-worst performance, with 86.6 percent of its trains arriving on time.At Penn Station on Wednesday evening, commuters said they were growing tired of trains running late.“It has been insane the past six weeks,” said Annika McTamaney, 23, a New Jersey resident who canceled a date on Wednesday because of the delays.Aimee Ortiz More

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      Activist Ancora Wins Three Norfolk Southern Board Seats but Will Not Oust CEO

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      An activist investment firm failed to replace the railroad’s top executive and all its directors, but did win three seats on its board.Shareholders of Norfolk Southern, the beleaguered freight railroad, on Thursday voted down an attempt by an activist investment firm to remove the company’s chief executive and take control of its board.But the activist, Ancora, a Cleveland firm, managed to secure a foothold at the company, after shareholders voted to place three of its directors onto Norfolk Southern’s 13-member board. Ancora had hoped to take control of the company’s leadership with an aim to cut costs and increase Norfolk Southern’s profits and stock price.The result is a partial victory for Norfolk Southern’s executives, who had to defend themselves against criticisms of the company’s safety record and its lackluster financial performance. A company train carrying hazardous chemicals derailed last year in East Palestine, Ohio, forcing residents to evacuate.The results of the shareholder vote, which are preliminary, were announced Thursday morning at a virtual company annual meeting.During the meeting, Alan Shaw, Norfolk Southern’s chief executive, said he looked forward to working with the new directors.“Norfolk Southern persevered through several challenges over the last year,” he said, “We have met every challenge and never lost sight of where we are taking our powerful franchise.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      U.S. Charges 8 in Beer Heists That Targeted Trains and Warehouses

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      The men stole hundreds of thousands of dollars’ worth of beer, mostly Modelo and Corona, by robbing rail yards and warehouses across the Northeast, federal prosecutors said.Eight Bronx men were charged on Wednesday with stealing hundreds of thousands of dollars’ worth of beer, mostly Modelo and Corona imported from Mexico, by robbing train yards and warehouses in dozens of thefts across the Northeast over the past two years.An indictment unsealed by federal prosecutors in Manhattan accuses Jose Cesari as being the mastermind of what it describes as the “Beer Theft Enterprise” and says he recruited other participants in the brazen heists via Instagram posts.In one post, the indictment says, Mr. Cesari wrote, “Need workers who want to make money.” The post had a “Yes” or “No” button, a moneybag emoji and a railroad track in the background, the indictment says. In another, the indictment says, he offered a “guarantee” that those he hired would “make 100k+ in a month” by following the “beer train method.”Mr. Cesari, 27, who was at large on Wednesday, was charged with conspiracy to steal from interstate or foreign shipments by carrier and six other counts. The seven others face the same conspiracy charge, and several were also charged with other crimes.Those charged as Mr. Cesari’s co-defendants are Kemar Bonitto, 38; Justin Bruno, 23; Miguel Cintron, 32; Antonio Gonzalez, 33; Luis Izquierdo, 40; Wakeim Johnson, 31; and Deylin Martinez-Guerrero, 28.“Today’s arrests reinforce that the Beer Theft Enterprise’s staggering thefts will not be tolerated,” Damian Williams, the U.S. attorney in Manhattan, said in a statement.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Berkshire Hathaway Reports Profit of $97 Billion Last Year, a Record

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      The conglomerate saw major gains in its insurance operations and in investment income. But revenues at its railroad and utility businesses declined from 2022.Berkshire Hathaway, the conglomerate run for decades by Warren E. Buffett, recorded its highest-ever annual profit last year. But its chief executive found reason to blame government regulation for hurting the results of some of its biggest businesses.In his letter to investors that traditionally accompanies the annual report, Mr. Buffett also paid tribute to Charlie Munger, his longtime lieutenant and Berkshire’s vice chairman until his death in November at age 99.The company — whose divisions include insurance, the BNSF railroad, an expansive power utility, Brooks running shoes, Dairy Queen and See’s candy — disclosed $97.1 billion in net earnings last year, a sharp swing from its $22 billion loss in 2022 because of investment declines.Berkshire also reported $37.4 billion in operating earnings, the financial metric that Mr. Buffett prefers because it excludes paper investment gains and losses, for the year, up 21 percent from 2022. (Investors often see Berkshire as a bellwether of the American economy, given the breadth of its business.)Those gains arose from the powerful engine at the heart of Berkshire, its vast insurance operations that include Geico car insurance and reinsurance. The division reported $5.3 billion in after-tax earnings for 2023, reversing from a loss in the previous year thanks to fewer significant catastrophic events, rate increases and fewer claims at Geico.The business that Berkshire is best known for, stock investments using the enormous cash that the insurance business throws off, also performed well last year. Investment income jumped nearly 48 percent amid rising market valuations. (About 79 percent of the conglomerate’s investment income comes from just five companies: Apple, Bank of America, American Express, Coca-Cola and Chevron.)We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      The Sunday Read: ‘The Great Freight-Train Heists of the 21st Century’

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      Adrienne Hurst and Sophia Lanman and Listen and follow The DailyApple Podcasts | SpotifyOf all the dozens of suspected thieves questioned by the detectives of the Train Burglary Task Force at the Los Angeles Police Department during the months they spent investigating the rise in theft from the city’s freight trains, one man stood out. What made him memorable wasn’t his criminality so much as his giddy enthusiasm for trespassing. That man, Victor Llamas, was a self-taught expert of the supply chain, a connoisseur of shipping containers. Even in custody, as the detectives interrogated him numerous times, after multiple arrests, in a windowless room in a police station in spring 2022, a kind of nostalgia would sweep over the man. “He said that was the best feeling he’d ever had, jumping on the train while it was moving,” Joe Chavez, who supervised the task force’s detectives, said. “It was euphoric for him.”Some 20 million containers move through the ports of Los Angeles and Long Beach every year, including about 35 percent of all the imports into the United States from Asia. Once these steel boxes leave the relative security of a ship at port, they are loaded onto trains and trucks — and then things start disappearing. The Los Angeles basin is the country’s undisputed capital of cargo theft, the region with the most reported incidents of stuff stolen from trains and trucks and those interstitial spaces in the supply chain, like rail yards, warehouses, truck stops and parking lots.In the era of e-commerce, freight train robberies are going through a strange revival.There are a lot of ways to listen to ‘The Daily.’ Here’s how.We want to hear from you. Tune in, and tell us what you think. Email us at thedaily@nytimes.com. Follow Michael Barbaro on X: @mikiebarb. And if you’re interested in advertising with The Daily, write to us at thedaily-ads@nytimes.com.Additional production for The Sunday Read was contributed by Isabella Anderson, Anna Diamond, Sarah Diamond, Elena Hecht, Emma Kehlbeck, Tanya Pérez and Krish Seenivasan. More

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      Norfolk Southern Agrees to Try Out Federal Safety Reporting Program

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      The company, which operated the train that derailed in East Palestine, Ohio, is the first major freight railroad to join a federal program that allows workers to report safety issues.Norfolk Southern, the operator of the freight train carrying toxic chemicals that derailed in East Palestine, Ohio, nearly a year ago, has agreed to participate in a federal program that allows employees to report safety issues confidentially, the company and federal officials announced on Monday.In the aftermath of the derailment, Transportation Secretary Pete Buttigieg called on Norfolk Southern and the nation’s other major freight railroads to join the program, one of a series of steps he urged them to take to improve safety.The railroads committed in March to participating, but in the months that followed, they pushed for changes to the program to address concerns about how it functions. None of the largest freight rail companies, known as Class I railroads, had officially agreed to join until the announcement on Monday.Norfolk Southern’s participation in the program, known as the Confidential Close Call Reporting System, or C3RS, will be limited in scope. The railroad will carry out a one-year pilot program that will apply to about 1,000 employees in Atlanta; Elkhart, Ind.; and Roanoke, Va., who are members of two unions, a small fraction of the company’s work force of roughly 20,000 people.“Norfolk Southern has taken a good first step, and it’s time for the other Class I railroads to back up their talk with action and make good on their promises to join this close call reporting system and keep America’s rail network safe,” Mr. Buttigieg said in a statement.Alan H. Shaw, the chief executive of Norfolk Southern, said in a statement that the company was “committed to setting the gold standard for rail safety, and we are proud to be the first Class I railroad to deliver on our promise to co-develop and launch a C3RS program.”The federal program, which is modeled after a similar one for pilots and other aviation personnel, allows railroad employees to report safety issues without worrying about potential discipline. But the freight rail companies raised concerns that workers might be able to take advantage of the program as a way to shield themselves from punishment after making dangerous mistakes.The Association of American Railroads, an industry group, said on Monday that the other major freight rail companies were still committed to joining the program.“This commitment remains unchanged,” said Jessica Kahanek, a spokeswoman for the group. She added, “A.A.R. and its member railroads collectively and individually have engaged in good-faith conversations with the administration and rail labor about strengthening the program.” More

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      German Rail Workers Strike Over Pay and Hours

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      The walkout, one of the most significant to hit the country’s train service in years, is expected to affect long-distance and commuter travel nationwide.Passenger train drivers in Germany walked off the job on Wednesday and vowed not to return for six days in a strike over working conditions and pay that is expected to halt most long-distance and commuter rail travel across the country.The strike, one of the most significant on the national rail service in years, was announced on Monday by Claus Weselsky, the chairman of the G.D.L., a union that represents German train drivers. Mr. Weselsky, in a terse news conference, said that negotiations with rail bosses had broken down and accused the chief negotiator of the national rail company, Deutsche Bahn, of “trickery and deception,” especially with regard to the latest offer.The rail strike, the fourth in two months, comes amid a risk of reduced funding for the rail system after a court decision that stopped the government from repurposing money from a coronavirus pandemic fund for green projects. It also comes amid a trend of worsening performance of German trains. More broadly, there is general dissatisfaction with the administration of Chancellor Olaf Scholz, which is plagued by infighting and seen by some as being removed from the problems facing regular Germans.This time, the walkout is scheduled to run through the weekend and will therefore affect more leisure travelers than the recent previous strikes, which have taken place during the week and lasted no longer than three days. Drivers of cargo trains started the strike on Tuesday evening.About 7.3 million people ride trains in Germany operated by Deutsche Bahn every day, and the number is growing as more travelers switch to rail amid concerns about climate change. Deutsche Bahn trains also move roughly 600,000 tonnes of freight each day, according to federal data.Deutsche Bahn tried to obtain an emergency injunction before a three-day walkout this month, but a court in Frankfurt found that the union had the right to strike. The company said on Monday that it would not go back to the courts to try to force employees back to work.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More