DURANGO, Colo. — The trial to determine if the Durango & Silverton Narrow Gauge Railroad is responsible for the 2018 wildfire that burned more than 50,000 acres has been scheduled to begin in May, the third time a date has been set for the proceeding in which the federal government seeks reimbursement of about $25 million in firefighting costs.
The Durango Herald reports U.S. District Judge Robert Blackburn set a jury trial for May 2-13, with the location still to be determined. The trial had been set for Denver, but Blackburn indicated he was leaning toward moving to Durango if coronavirus conditions allowed it to be conducted there safely.
The COVID-19 pandemic has led to two earlier postponements for the trial. It was originally set for November 2020, then postponed to September 2021 before being pushed back again.
The government is suing to recover the funds in part because of a Colorado statute which says railroad companies within the state are liable for all damages caused by rail operations. The U.S. Forest Service has said a cinder from a Durango & Silverton locomotive caused the 416 fire, which began June 1, closed the railroad for more than a month, forced some residents to evacuate, and took a massive toll on area tourism [see “Judge recommends Durango & Silverton wildfire lawsuit moves forward,” Trains News Wire, Jan. 2, 2020]. The railroad also faces suits from businesses over fire-related losses and damage [see “Digest: Insurance company sues Durango & Silverton …,” News Wire, June 4, 2020].
The tourist railroad has since undertaken measures to decrease fire risk including additional use of diesel locomotives and conversion of some of its steam engines from coal to oil firing.
I wonder if the D&S is a “railroad” in the application or intent of the state law. My understanding is that it’s not a common carrier nor are its employees covered by Railroad Retirement”.
Without any witness that a cinder from a locomotive actually started the fire, how can they prove the case? The forest service stopped them from cutting back trees to prevent a fire from being caused by a hot cinder. Circumstantial at best, a potential mis-carriage at worst.
destroy
It seems the nimbys might get their wish after all, and we could lose a national treasure over a rounding error in government spending.
Witnesses are irrelevant. It’s the government suing a commercial business in a government court. Ever hear of “home field advantage”?
i am of the view that the USFS bears some responsibility to informing taxpayers about the risks inherent to USFS area of responsibility. If such a large fire gets started buy 1 hot cinder, the whole region should have be warned if not evacuated. I am impatient with government organizations that only become indignant if something untoward occurs, yet do nothing to avert such events. It is common sense. We decay if we ignore the obvious things. Blessings
“Common Sense” is an oxymopron…
This trial can neither be held in Durango or Denver, it needs to be moved completely out of state. They won’t find a single juror in Durango that isn’t predisposed one way or the other, and Denver is still in Colorado. It’s $25 million dollars, that’s peanuts to the Government, and I’m surprised the lawsuit hasn’t been dropped with the change in leadership in D.C., someone isn’t paying attention to what’s going on.
Remeber the line from the old song by TheWho? “Meet the new boss. Same as the old boss.”
Isn’t there another lawsuit about D&S rights to clear forest land on their ROW to avoid future liability?
One of the issues in the fire was that there were a large numbers of trees next to the ROW. Once they started clearing them in response to the lawsuit, a USFS bureaucrat said they couldn’t do that.
As for the future of D&S, I am sure they will live on with a replica engine powered by a set of Tesla batteries and a LPG steam generator for the whistle to blow.
they just can’t leave the durango and and silverton narrow gauge railroad alone
Why should the D&SNG be any different from anyone else?
Hunter or railroad fan, or jogger smoking? Sun’s rays striking broken glass to start fire? Train rider sneaking a smoke, and tossing out butt? Too many variables.
Lightning strike?
After the inevitible guilty verdict, Durango & Silverton should make a very public announcement of “… Chapter 7 filing under U.S. bankruptcy law, with the immediate and permanent closure of the D & S, the termination of all employees, the sale and dispersal of all equpiment and facilities, and rempoval of the physical plant.”
A friend of mine was recently in Silverton. From what she saw it would be interesting to witness the impact of abandonment of the D & S could have on the community. Its economy appears to be tourist-based. Maybe mining could make a comeback?
that will never happen the durango and silverton narrow gauge railroad is a popular tourist train ride it can’t go into bankruptcy
It certainly can go into bankruptcy if liabilities exceed assets, the better bet would be to put the entire company into bankruptcy(American Rail Heritage or whatever the full name is).
They could still close and liquidate.