News Release

BNSF Statement on Class Certification Decision in Dust Pro

FORT WORTH, Texas, June 25, 2012:

BNSF respectfully disagrees with the recent decision of the U.S. District Court for the District of Columbia in the In Re Rail Freight Fuel Surcharge (Dust Pro) litigation concluding that the case may be certified as a class action. BNSF intends to pursue an appeal of that decision.

Class certification is a procedural step that does not address the central issue underlying the lawsuit: that there was no conspiracy concerning fuel surcharges. If and when a trial occurs, BNSF will prove that it acted appropriately and that there was no conspiracy.

About a decade ago both the price and the volatility in the price of fuel began to increase significantly. In fact, between 2002 and 2008 BNSF's fuel costs increased more than 400 percent, causing fuel to rise from less than 12 percent to almost 33 percent of operating expenses. BNSF, like many segments of the transportation industry, has had fuel surcharges in place for its customers for many years. BNSF has demonstrated innovation on fuel surcharges. For example, in 2005, in response to customer requests, BNSF announced a shift to a mileage-based fuel surcharge program long before the Surface Transportation Board required all other railroads to move towards mileage-based fuel surcharges on regulated traffic. What BNSF did not do was conspire with other railroads, overtly or in any way, to fix fuel surcharges.

BNSF intends to defend itself vigorously against these claims, and will remain focused on our vision to deliver transportation services that consistently meet our customer's expectations.

About BNSF

BNSF Railway is one of North America's leading freight transportation companies operating on 32,000 route miles of track in 28 states and two Canadian provinces. BNSF is one of the top transporters of consumer goods, grain, industrial goods and low-sulfur coal that help feed, clothe, supply, and power American homes and businesses every day. BNSF and its employees have developed one of the most technologically advanced, and efficient railroads in the industry. And we are working continuously to improve the value of the safety, service, energy, and environmental benefits we provide to our customers and the communities we serve.

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