Here is the full context of the issue involving the term “trespass.” It is all contained in one article, and the part I was referring to (the first sentence in the quote below), which I thought was from an earlier article, is actually in this one article just ahead of what I quoted from the Assistant U.S. Attorney, Jacob Licht. That part that I was referring to does indeed refer to trespassing outside of the D&S corridor, however, it appears to be a conclusion of the writer of the article, and he may be misinterpreting the comment by Jacob Licht below. If Mr. Licht is referring to the clear cutting of the D&S corridor as “trespassing,” it also appears that Mr. Harper too has misinterpreted Mr. Licht.
However, now in reviewing all of this, I now assume that Mr. Licht is saying that D&S cutting down trees on their corridor amounts to trespassing on Forest Service property; and that trespass charge is triggered by violating the law that requires Forest Service approval for cutting down trees and other projects on the D&S corridor. Although “trespass” does not seem like the right word for the violation. But by reading the comment by the article writer and Mr. Harper, I was lead to believe that the issue was D&S trespassing outside of their corridor.
Quote from Durango Herald 7/14/20:
“According to court filings, it appears the D&SNG is under investigation for trespassing outside of the right of way and onto Forest Service land.
Jacob Licht, assistant U.S. attorney, wrote in an email June 25 that the 416 Fire lawsuit had to be delayed “due to the railroad’s recent trespass activities whereby the railroad clear-cut significant portions of the San Juan National Forest without a permit or other permission.”
“Special Agent Leach must currently focus on investigating this trespass action, making him unavailable to work at this time on his rebuttal to defendant’s cause and origin expert reports,” Licht wrote.
Harper said D&SNG crews never left the railroad’s right of way. He said he was told it could take two months to complete the investigation.”
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durangoherald.com]
