Rail Co. Wants Out Of $25M Suit Over Colo. Wildfire
Law360 (September 10, 2019, 7:30 PM EDT) -- A railroad tourism company blamed for starting a wildfire last year in Colorado said it shouldn't have to face the federal government's effort to recover $25 million in damages, arguing that no law allows for the recovery of money spent fighting the fire.
American Heritage Railways Inc. moved Monday for the government's complaint to be thrown out, arguing that recovery is limited under Colorado law to damages of physical property, which did not occur from the "416 fire" on San Juan National Forest lands. The government is seeking recovery for firefighting costs, which is not available, the company said.
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