By Railfan & Railroad Staff

Two environmental groups are suing BNSF Railway over grizzly bear deaths in northwest Montana. The Montana Free Press reports that WildEarth Guardians and Western Watersheds Project argue that the Endangered Species Act prohibits BNSF from continuing with an unauthorized “take” of grizzlies, which are a threatened species in the lower 48 states. According to the suit, which was filed in U.S. District Court on December 14, BNSF trains have allegedly killed 52 grizzly bears between 2008 and 2018.

Train-related bear deaths have been a controversial topic in the region for decades and federal officials have worked with the railroad in the past on trying to prevent deaths. One of the main issues is that grain spilled from passing (or derailed) trains ferments and attracts bears to the right-of-way. BNSF and the U.S. Fish & Wildlife Service have put together a plan that would allow BNSF to “take” a certain number of bears annually and in return it would pay for some grizzly bear conservation efforts. However, that plan has yet to be approved.