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Newspaper editorial about railroad being charged with felonies for starting fire

Thursday, February 25th, 2010

On February 16 Wildfire Today reported that the Attorney General of Michigan filed felony charges against the Lake State Railway for allegedly starting the 2008 Grayling fire that burned 1,300 acres. Today the Traverse City Record-Eagle wrote an editorial about the actions of the Attorney General. Here is an exerpt:

…The criminal charges are not good news for the railway, and possibly industries and businesses in the northeast corner of the Lower Peninsula that ship freight by rail. If convicted, LSR could be ordered to pay fines and full restitution. The estimated cost of the fire totaled $934,000 — $464,000 in lost timber, $370,000 in personal property loss and $100,000 for firefighting.

The cost of (spark) arresters — if it is found engines were not equipped with them — compared to possible restitution is peanuts.

The state Department of Natural Resources is to be commended for pursuing its two-year investigation, and Cox is right to file charges if evidence indicates that the company is responsible.

Wildfires anywhere, but especially in forested areas, are serious and deadly business. It is fortunate that no lives were lost.

Spark arresters and other safety equipment are a must for trains. The laws are there for a reason.

Congratulations to the Traverse City Record-Eagle and the Michigan Attorney General, Mike Cox, for their good work. They are setting an example that the state of Washington should follow, holding railroads accountable for starting fires.

Railroad charged with felonies for starting fires in Michigan

Tuesday, February 16th, 2010
According to Paul Kollmeyer of the DNR, the Grayling fire was one of few capable of jumping a 4-lane highway and median. This photo depicts the fire as it continues its charge toward Grayling. It also shows the fire has already jumped across I-75. DNR photo.

According to Paul Kollmeyer of the DNR, the Grayling fire was one of few capable of jumping a 4-lane highway and median. This photo depicts the fire as it continues its charge toward Grayling. It also shows the fire has already jumped across I-75. DNR photo.

From alpenanow.com:

Lake State Railway is facing criminal charges for allegedly starting the 2008 fire that torched some 1,300 acres of forest, several homes and other buildings in Grayling.

The railroad company is also accused of starting another fire in Arenac County. Attorney General Mike Cox believes both fires were started by a train engine that threw burning embers from the exhaust system because it was not equipped with standard safety equipment called spark arresters.

Lake State is charged with two felony counts of setting fire to a forest land and two misdemeanor counts of operating an engine without spark arresters.

If found guilty, a court could order the railroad company to pay fines and full restitution, including property damage and response costs. The Grayling fire resulted in an estimated $464,000 in timber damage, $370,000 in personal property damage and $100,000 in fire suppression costs.

In a press release, the Attorney General said the railroad “knowingly operated an unsafe train engine” without functioning spark arrestors. In addition, “When a company ignores standard safety practices and threatens not only the environment but human lives, we will hold them accountable.”

Too often railroads get away with felonies, including murder or manslaughter, for starting fires, because the responsible agencies fail to adequately investigate the cause and origin of railroad-caused fires….and because law enforcement agencies fail to file charges when a case can be proven. Congratulations to Michigan’s Attorney General Mike Cox for having the courage to pursue these cases in Michigan.

As we reported on November 5, 2009, a television station found that over the last decade 234 fires in Washington were attributed to railroads. Houses burned and one person was killed, but no citations or criminal charges were issued. Zero for 234. Not a very good batting average for the fire agencies and Washington’s Attorney General Robert McKenna, who has been in that position since January, 2005. At the very top of the Attorney General’s web page is this:

The Attorney General’s Office makes a difference every day for the people of Washington.

Sometimes the difference is positive, and sometimes, not so much.

Another fire caused by a railroad

Thursday, December 3rd, 2009

We have another report of a fire caused by a railroad. From The Latest:

The Superior [Montana] Fire Department responded to a fire along the MRL tracks west of Town on Tuesday morning. Montana Rail Link has a pile of old, creosote impregnated ties piled along the track at Spring Gulch. This pile is approximately 1,000 feet long and several feet high. A train used to grind down the rails had recently passed the area and sparks from the grinding operations apparently ignited the pile. Heavy clouds of black smoke were visible from the interstate.

After knocking down the blaze with water and foam, crews were able to get close enough to remove ties on both sides of the burning section so that the fire did not spread to the entire pile. Approximately 10 air bottles, 20 gallons of foam and 3000 gallons of water were used. MRL personnel provided assistance at the scene and a crew from Superior Ranger District was also on scene. With limited manpower available in Superior on a weekday, Frenchtown Rural Fire District provided a coverage crew for Superior.

Congratulations to the Superior FD for 1) using breathing apparatus while dealing with that nasty creosote smoke, and 2) for building a fireline on both sides of the burning section of ties so that the entire pile did not burn. Too often you hear about huge piles of burning tires, logs, or pallets, when firefighters attempt to put out the fire only with water, when removing some of the fuel ahead of the fire could keep it from spreading. Take it from an old Hot Shot who has removed a lot of fuel with a Pulaski and a chain saw.

Wildfire Today has reported on a lot of fires caused by railroads.

Seattle TV station exposes railroad-caused fires in Washington

Thursday, November 5th, 2009

At Wildfire Today we have frequently written about wildfires caused by the negligence of railroad companies. For example:

Fires caused by railroads are much more numerous than people think. Most railroad fires are caused by improperly maintained turbo chargers on the engines. If not maintained, large pieces of red-hot carbon can be blown out of the turbo chargers, starting fires. A smaller percentage of railroad-caused fires originate from brakes that lock up, become super-heated, disintegrate and shower the area with hot metal. I once responded to a series of 11 fires over several miles that started from hot brakes.
A cause and origin fire investigator, looking for what started a fire near railroad tracks, can usually find many pieces of carbon along the tracks. To definitively say that a single piece started a particular fire can be difficult to prove beyond a reasonable doubt.
In some parts of the country, including northwest Indiana, railroads have gotten a free ride. They save money by reducing the maintenance on their turbo chargers, start fires, then many times get away with it.
Fires caused by railroads are much more numerous than people think. Most railroad fires are caused by improperly maintained turbo chargers on the engines. If not maintained, large pieces of red-hot carbon can be blown out of the turbo chargers, starting fires. A smaller percentage of railroad-caused fires originate from brakes that lock up, become super-heated, disintegrate and shower the area with hot metal. I once responded to a series of 11 fires over several miles that started from hot brakes.
A cause and origin fire investigator, looking for what started a fire near railroad tracks, can usually find many pieces of carbon along the tracks. To definitively say that a single piece started a particular fire can be difficult to prove beyond a reasonable doubt.
In some parts of the country, including northwest Indiana, railroads have gotten a free ride. They save money by reducing the maintenance on their turbo chargers, start fires, then many times get away with it.
Yesterday a Seattle television station, KONG, or KING5.com, aired the first portion of a two-part series about wildfires that are caused by railroads. They found that over the last decade 234 fires in the state were attributed to railroads. Houses burned and one person was killed, but no citations or criminal charges were issued. Here is a 5-minute video from that report.


One of the troubling parts of the video is when Joe Shramek, the Resource Protection Manager for the Washington Department of Natural Resources says they can’t take action against a railroad for starting a fire unless they can prove that:

…the railroad acted deliberately, intentionally, and recklessly.

That is a ridiculously high standard. In most states and on federal land, a deliberately-set fire is one thing, arson, and a fire that is unintentional but results from negligence is treated as a separate violation of the law.  If the State of Washington can’t prosecute someone for negligently allowing a fire to start and/or burn public or private land, they need to amend their law.

The State of Washington is negligent for sitting on their hands while they watch the railroads start fires and in some cases kill people and burn houses.

Here is a second video from KONG that provides more details about why they conducted their investigation.

Here are links to documents provided by KONG:

The second in their series of reports will air Thursday night. We will post that video when it becomes available.

Train causes five fires in South Dakota

Saturday, July 25th, 2009

A train is being blamed for starting five wildfires in southwest South Dakota on Friday. One of the fires near Ardmore burned an estimated 20 to 25 acres.

We have reported on numerous railroad-caused fires previously and have said that most of the time the railroad company receives a free pass. They start the fire (usually preventable by proper maintenance of their equipment), fire departments respond, put out the fire, and that’s the end of it.

Most railroad-caused fires are preventable.They are not inevitable.

Railroads need to be held accountable. They need to be billed for the suppression costs and any damage caused by the fire. They should also be charged with the crime of starting a fire. Only then will they have an incentive to properly maintain their equipment. Last year the U. S. Department of Justice settled a record $102 million civil lawsuit with the Union Pacific railroad for starting the 52,000 acre Storrie fire in the Plumas and Lassen National Forests in California in 2000.

File photo of a railroad-caused fire in Indiana. Photo: Bill Gabbert

Fire departments, while suppressing a fire near railroad tracks, should also shut down the tracks to any further train traffic. This will provide a safer working environment for the firefighters, and also tends to get the attention of the managers of the railroad, especially on a busy section of track. Fire dispatchers should have the phone numbers available for the railroad dispatch office so they can make the call to shut down the tracks if requested by the on-scene firefighters.

Trains are supposed to stop if an emergency vehicle is parked near the tracks with the red lights flashing, but they don’t always adhere to this rule. I did this once on a fire and the train made what the engineer called an “emergency stop”. He was pissed, because when this is done, they have to walk the entire length of the train to check for any problems that may have been caused by the quick stop. Coal-hauling trains can be very long… I’m just saying.

Wildfire news, April 8

Wednesday, April 8th, 2009

APA Report for Engine Rollover

An Accident Prevention Analysis Report is available on the Lessons Learned site for the engine rollover that occurred on the Los Padres National Forest in southern California, October 3, 2008.

Minnesota activates National Guard for fires

Governor Tim Pawlenty ordered the Minnesota National Guard to assist in suppressing vegetation fires in the state.  Under the emergency executive order, the Guard will supply both people and equipment to the Department of Natural Resources.  Oddly, the order which was signed on April 7:

…shall be effective retroactively to April 6, 2009, and will remain in effect until the conclusion of the emergency.

The order refers to:

…a wild grassfire was burning in and around the Carlos Avery Wildlife Refuge, west of Forest Lake. The Governor’s Emergency Executive Order provides personnel and equipment assistance for air wild grassfire suppression from the Minnesota National Guard.

The order was apparently written hurriedly.  The fire referred to is the one for which the volunteer firefighter, John Berkin, was charged with arson.  It burned 1,500 acres…more information is below.

West Virginia: Tourist train starts 150-acre fire

The West Virginia Division of Foresty has confirmed that a tourist train run by the Durbin & Greenbrier Railroad Company is responsible for starting a fire that burned 150 acres near Elkins last month.

Shon Butler of the Division of Forestry said they are meeting with the Randolph County prosecutor to determine whether charges should be filed.  Maybe in this case a railroad that starts a fire will not get a free pass.  Congratulations to the DOF for pursuing this case.

Report about firefighter killed in chain saw training

The report about the Florida firefighter that was killed during chainsaw training is now online.  We updated our earlier post HERE to include more details.

How the Minnesota firefighter-arsonist was caught

Yesterday Wildfire Today covered the arrest of John Berkin, the firefighter in Minnesota who is suspected of setting a 1,500 acre vegetation fire near Minneapolis.  The facts are emerging about how he was identified.  From KARE11.com:

KARE spoke with two witnesses — a father and daughter — who helped lead authorities to Berken. They asked not to be identified out of fear for their safety.

They say they were driving to Forest Lake for groceries around 1 p.m. Monday when the father looked in his rearview mirror and saw something shoot out of the car behind him.

“I saw this stream of grey smoke, an explosion of fireworks,” he says. “I mean, red, white, blue, green. They just shot all over the place and it was instant flames.”

The daughter immediately called 911. They got behind the suspect’s car to get a look at his license plate, which had a red “Firefighter” emblem.

“I was really stunned,” the daughter says. “I’m like, I think this guy’s a firefighter.”

They followed the speeding suspect for about three miles but eventually lost him. Still, their description helped investigators identify Berken. He was arrested at the scene a few hours later while fighting the fire.

“I’m told he was taken into custody at one of the homes that had been evacuated,” says Lt. Paul Sommer of the Anoka County Sheriff’s Office

Berken received an award for helping save someone’s life a few years ago. But authorities say his past also includes convictions for check forgery and theft. Sommer says Berken was convicted in 1991 of broadcasting false aircraft distress signals.

“The suspect has a pretty significant criminal history for someone who’s a firefighter,” Sommer says.

UPDATE April 8 @ 12:05 p.m. MT

From TwinCities.com:

During a search of (Berken’s) Columbus home, investigators found a large grocery bag full of fireworks in his garage, according to the complaint. In the master bedroom, investigators also found two letters from the Forest Lake Fire Department reprimanding him for not meeting attendance standards.

A canine from Alcohol, Tobacco, and Firearms trained to detect explosive materials and residue “hit” on Berken’s vehicle and his fire gloves, the complaint said.

Berken has a checkered past that includes legal troubles dating back to 1991. He was convicted that year of calling a local airport, threatening to blow it up. He was sentenced in federal court to a year in prison for making false radio transmissions.

SDG&E preemptive power shutoff plan raises concerns

The plan of San Diego Gas and Electric (SDG&E) to turn off the power to large sections of San Diego county during periods of high fire danger was presented to a gathering of more than 300 people on April 7 in Alpine, California.  Wildfire Today has covered this issue several times before, most recently on April 5 when we posted a map of the areas that could be affected.

A number of people who expressed their opinions at the meeting last night agreed with Wildfire Today’s stance that the plan is simply a way for the power company to avoid liability and also to save money by not making upgrades to their existing powerlines.

Here are some excerpts from a story in the San Diego Union-Tribune:

David Geier, the utility’s vice president of electric transmission, told the more than 300 people in attendance that SDG&E looks at the plan “as a final defense. . . . The whole goal of the program is to reduce catastrophic fires.”

But many people said losing power would create its own dangers. Children could be stranded at backcountry schools; firefighters and property owners might not have water because pumps couldn’t operate; communications systems would be worthless; and people with health problems who rely on electric-powered equipment could be at risk.

Janis Shackelford of Lakeside said the proposal would duplicate conditions that killed 13 people on Muth Valley Road during the first hours of the human-caused 2003 Cedar fire.

The fire had cut power “and the Muth Valley people couldn’t see where they were going in the dark and the smoke,” she said. “SDG&E is proposing to create its own natural disaster.”

The state Public Utilities Commission will make a decision this summer about SDG&E’s plan.