In July, federal prosecutors filed a lawsuit demanding the railroad pay $25 million to compensate the U.S. Forest Service for resources used to douse the 53,000-acre 416 Fire that began on June 1, 2018 near Hermosa, Colo. Fire investigators stated that the fire was the result of a cinder from a passing steam train.
“Federal fire investigators have determined that the 416 Fire was ignited by particles emitted from an exhaust stack on a coal-burning, steam train engine owned and operated by Defendants,” the lawsuit states. “The United States suffered significant damages, including expenses in its efforts to suppress the 416 Fire and to rehabilitate the public lands damaged by the 416 Fire, a rehabilitation process that still continues.”
This week, attorneys for the D&SNG filed a motion to dismiss arguing that state and federal law only allows the government to sue for damages caused by a wildfire but not suppression costs. “In order for the government to maintain its sole claim for relief against the Defendants, it must show that it suffered damages that are unrelated to suppression costs, and only those damages might be recoverable,” attorneys write.
The railroad still denied the allegations that it started the fire, but accepted them as fact for its argument that it cannot be held responsible for fire suppression costs.
The 416 Fire forced the evacuation of thousands of people near Hermosa and closed the railroad for well over a month. Train service resumed in July after rain helped reduce the fire danger, but it was disrupted again a few weeks later when a series of mudslides impacted the railroad in the recently burned area, again forcing the railroad to significantly alter its operations until fall.
Almost as soon as the fire began, local residents were blaming the railroad for the blaze. Multiple eye witnesses told local news outlets that they saw the fire start after the train passed by.
The railroad owns a helicopter for putting out fires sparked by its steam trains. Most trains are also followed by speeders with workers armed with water and other fire extinguishers.
In September 2018, a number of local residents and businesses filed a lawsuit against the D&SNG, American Heritage Railways and its owner, Allen Harper, alleging that they did not do enough to prevent the fires.
Although the railroad has not taken responsibility for the 416 Fire, it has vowed to do more to prevent locomotive-caused fires in the future. Soon after the fire began, the railroad began work on converting K-37 locomotive No. 493 to burn oil and it announced that it would be purchasing two new diesel locomotives.
Anna Harding is undoubtably a fine lawyer. This is illustrated when she speaks many words, but doesn’t provide us with any concrete insights, like a politician.
It would be helpful to us all if some constructive legal wrangling would be revealed by someone with a legal mind.
The bottom line here is, as always, is money. The cost of this lawsuit will be paid by the consumer. I found on my last trip to Durango that the ticket prices were very high. Now, the legal fees will make this train ride for the financially well fixed.
Interesting the locals want it both ways, the Train supports their way of life, but they want to sue it out of existence. The love of money is the root of all evil.
I like Jerry’s comment. However, economic benefits of a defendant are irrelevant to a judge who likely doesn’t face accountability to the voters. Unless there are legal restrictions preventing it, I think the operators of Durango & Silverton should immediately discontinue service, scrap the locomotives, rolling stock, level all fixed plant, and remove all trace of the railroad. And, do it as quickly and with as much advance notice as the Baltimore Colts moving to Indianapolis Afterwards, make it clear to the public why this treasure is lost forever. Make it economically prohibitive to rebuild.. Punitive litigation (especially initiated by government) has gotten way out of hand in this country and the only way to slow it down is to provide a very public lesson unlikely to be forgotten until at least the next election. Sometimes the cruelest of lessons are the most instructive.
The last comment is quite true. I have rode the D&S twice and the first time we were on the parlor car – adults only, the 2nd trip we had our grand-daughter. The parlor car attendant was beyond excellent and her comment as we got close to Silverton was spot on. “We deliver Silverton’s economy twice a day”. Now it is 3 or 4 times a day. My personal preference and where I volunteer, is at the Cumbres & Toltec, but I would hate to see serious harm come to the D&S, but if it does, the State of Colorado might be smart to put it under the umbrella of the commission that owns the C&TS, or form a separate commission for it. While privately owned, it is really a public asset.
Having seen the Hermosa area several years ago I have to wonder where the “thousands” of people live around it. Anyway, it seems to me that the best way of preserving it as a steam railroad would be to use only oil fired steam engines in dryer conditions with the diesels as a last resort. But the scenery itself probably can’t sustain it. It needs steam operations to continue to make it successful as a major tourist draw.
Loosing it completely would destroy Silverton and Durango would take a major hit that it might never recover from.
This case is going to be years of litigation. The good part is at least no one died or was seriously injured.
This is what lawyers are good for, trying to sort out the facts, and then making the best possible case for their client. The bad news I do not think the railway would have enough assets to cover all the potential damages. When the money runs out that is when you start to see lawyers compromise(the lawyers money, the clients money, the insurance companies money).
Anyway I’ll close this with my declaration, I am no lawyer just a worn out truck driver. If you need a lawyer goto your state bar association, the yellow pages or the internet. You will see listing for all kinds of lawyers. (just google train collision or truck accident and see what you get).
It is part of the professional ethic in the legal profession that once you take the case you are obligated to give the best possible representation, no matter how reprehensible your client may be. Of course, if you are in private practice you are free to decline to take on the client, should you feel it is something in which you should not be involved.
As for the merits of this set of torts, and what I think about what is going on, it is ongoing litigation about which I can have no comment at this time.
The above comments are generic in nature and do not form the basis for an attorney/client relationship. They do not constitute legal advice. I am not your attorney. Find your own damn two-bit sleaze bucket.
Nice article, Justin. Evidently there is a lawsuit by local businesses against the D&SNGR for hurting their businesses by causing the fire. Many of their businesses wouldn’t exist without the tourism brought to the area by the train.