ANACORTES, Wash. – Just days after a train derailed near the Swinomish Casino, a civil trial has begun in federal court in which the tribe accuses BNSF of willfully violating an agreement over trains running through tribal land.

An agreement that the railroad signed with the tribe allows just one eastbound and one westbound train of 25 cars or less each day.

But in 2012, the railroad began rolling 100-plus car trains of highly combustible crude oil across the reservation to refineries outside Anacortes.

The Swinomish sued in 2015, claiming BNSF intentionally violated the agreement.

The Seattle Times reports lawyers for the railroad admitted during opening arguments Monday, March 20th, that mistakes were made, but denied willful misconduct.

The easement agreement was reached in 1991 after the tribe asked the federal government to halt all trains through its land.

BNSF’s predecessor built the tracks in 1889 without a treaty or congressional approval and against the wishes of the Swinomish Tribe.