News Release

BNSF Statement on Oxbow Lawsuit

FORT WORTH, Texas, June, 9, 2011:

BNSF has reviewed the complaint filed by Oxbow Carbon & Minerals LLC and other affiliated companies against BNSF and its competitor, the Union Pacific Railway Company.

While styled an antitrust case, this appears to actually be a routine commercial dispute between Oxbow and Union Pacific regarding a mine in Colorado that is not served by BNSF. Oxbow's complaint contains many factual errors and misleading statements about the rail transportation market, and repeats baseless accusations that BNSF has already refuted in the ongoing fuel surcharge litigation and in a proceeding before the Surface Transportation Board. The new allegations Oxbow makes are solely related to its commercial relationship with Union Pacific. BNSF does not believe that an antitrust suit against BNSF is the appropriate manner for Oxbow to resolve its commercial dispute with UP.

BNSF competes strongly with Union Pacific, other railroads, and other freight transportation providers for business of all kinds. BNSF fully complies with the antitrust laws and has not conspired or colluded with UP-or any other railroad-regarding Oxbow or any other customer. BNSF will aggressively defend itself against Oxbow's complaint.

BNSF Headquarters
BNSF Railway Company
2650 Lou Menk Dr. 2nd Floor
Fort Worth, TX 76131-2830
P.O. Box 961057
Fort Worth, TX 76161-0057
Phone: (817) 352-1000