Lawsuit blames scenic rail company for 416 Fire near Durango |

Lawsuit blames scenic rail company for 416 Fire near Durango

Kathleen Foody
The Associated Press
A Durango & Silverton Narrow Gauge Railroad train begins the climb out of the Animas Valley north of Durango on July 13, 2002.
Dustin Bradford/The Durango Herald via AP, File

DENVER — A company that operates a historic railroad that carries tourists through southwestern Colorado’s mountains and forests was accused Tuesday in a lawsuit of causing one of the largest wildfires in state history.

Federal investigators found that a coal-burning engine operated by the Durango & Silverton Narrow Gauge Railroad and American Heritage Railways threw cinders or other hot material onto brush near its track and started a fire on June 1, 2018, according to the office of U.S. Attorney Jason Dunn.

Flames eventually consumed about 85 square miles of land near Durango, prompting evacuation orders affecting hundreds of people. Much of the damage occurred in the San Juan National Forest and on other federal land.

Crews declared the wildfire controlled in late July but it was not extinguished until late November. It was the sixth largest blaze ever recorded in Colorado.

In this June 13, 2018 file photo, smoke rises from the 416 Fire near Durango, Colo., as the sun sets. (Jerry McBride/The Durango Herald via AP, File)

A voicemail message left at the Durango offices of American Heritage Railways was not immediately returned. Federal court records do not yet list an attorney representing the companies.

Officials had not disclosed a cause of the fire before Dunn’s office filed the lawsuit, which says multiple eyewitnesses told federal investigators that one of the trains passed through the area immediately before the fire began.

The train is a recognized symbol of the tourism-centric region, carrying passengers in bright yellow cars between Durango and Silverton as steam rushes dramatically from the engine.

The company says in its advertising that the railroad has operated for more than 130 years under various owners and now carries riders on a 41-mile route.

Residents and businesses have filed their own lawsuit against the railroad company, arguing that it knew or should have known about drought conditions that summer.

A statement released by Dunn’s office said federal authorities estimated damage and fire suppression involving the blaze could hit $25 million.

“This fire caused significant damage, cost taxpayers millions of dollars, and put lives at risk,” Dunn said in a statement. “We owe it to taxpayers to bring this action on their behalf.”


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