I had extensive legal experience in dealing with the US Forest Service. I found them back in the 1980s and 90s to be arbitrary and capricious. Fortunately, I prevailed in the cases. However,it cost buckets of money to fight them and many years.
A couple of examples: A client of mine had a ranch on the west side of the Spring Mountain Range here in southern Nevada. A 20 mile dirt road led from the main highway up into his ranch. The dirt road was there for 120 years and was originally a logging road that predated the Forest Service. Therefore, it was a "vested" road easement. One year a heavy storm washed out the road. My client could not gain access to his ranch so he took a bulldozer and repaired the wash out. Well, the Forest Service went nuts and claimed he had to first get a permit, never mind it was the only access to his ranch We fought for years and eventually prevailed before the US Court of Appeals. But it was a helluva fight.
The other event concerned our family ranch in northern Colorado. A small stream ran through the ranch that had been dammed perhaps a century ago creating a small pond. One day, a storm washed out the dam which was on our deeded property. We got out equipment and rebuilt the small dam. Well, once again, the Forest Service went crazy and claimed we destroyed a "wet land"on a fly way for ducks. They were so angry they got the Army Corps of Engineers to threaten criminal prosecution ! Now, mind you, this stream was so small, that a duck would barely get its feet wet if it crossed the stream on foot.. The only place a duck could float or feed was in the pond. Nevertheless, I handled legal matters on the ranch, and I was so inspired by their high handed threats, that I told them to go ahead and bring charges, because then they would be on my turf, in court. Well, I guess they thought about that and soon dropped the whole thing.
The upshot of all this is that I am deeply sympathetic with what the D&S is dealing with. It is the same bureaucratic crap that I experienced in my legal career. I wish the D&S all the luck in the world, but be prepared for a long fight with people who don't give a hoot that the railroad is trying to prevent forest fires on the railroad right of way, or repair a bridge on the railroad itself..
Dan Markoff
