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.
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