Skunk Train Files New Lawsuit Against City Of Fort Bragg

On August 7, 2024, the Mendocino Railway filed suit in federal court against the City of Fort Bragg. The lawsuit lists six complaints for damages, stating that city stormwater runoff is currently depositing toxic chemical residue onto Mendocino Railway property.

Mendocino Railway, locally known as the Skunk Train, purchased the two large Georgia Pacific mill site parcels, the north portion in 2019 and the south portion in 2021. As part of the sale agreements, Mendocino Railway assumed Georgia Pacific’s responsibility to remove all toxins from the soil to meet environmental standards.

The Skunk Train’s lawsuit contends that two city culverts direct toxic storm water drainage onto their property just north of the City’s sewer treatment plant. This location of about eight acres is also referred to as Mill Pond 8, a part of the north mill site parcel.

According to the filed suit, this location “has received storm water on an on-going basis from two catchments located within and controlled by the City of Fort Bragg, which drain into Mill Pond through the culverted Maple and Alder Creeks.”

In the lawsuit, the drainage is described as “running unabated” and that it was “tested for the presence of hazardous substances. Two such substances have been found in concentrations that exceed applicable water quality standards by one or two orders of magnitude—dioxins and furans.”

Dioxin is a highly toxic group of chemicals described as “persistent environmental pollutants.” Dioxin is often one of the results of combustion processes such as commercial or municipal waste incineration.

Byproducts of this type of burning or other industrial processes can also create PCBs. Exposure to dioxin can cause cancers, reproductive issues, damage to the immune system, or hormone interference.

Furan is a colorless, flammable and volatile organic compound that is considered a contaminant and a health hazard. Furan is a chemical compound used in manufacturing herbicides, pharmaceuticals, and plastics.

The compound is considered to have the potential for reproductive damage and may damage the liver and kidneys as well. It is usually found in canned or jarred foods that have been thermal treated.

The lawsuit states that the “stormwater entering Mill Pond leaves through a dam spillway that discharges to the Pacific Ocean at Fort Bragg Landing. Thus, the City’s stormwater has a direct connection to navigable waters of the United States.”

The documents assert that “plaintiffs are entitled to relief and recovery.” The Mendocino Railway claim is asking that damages to the property, which has lost value and “cannot be enjoyed,” be held against the City. “Remediation and removal of dioxins and furans is estimated to cost anywhere from $8 million to $50 million.”

In a summary of Mendocino Railway’s official contacts with the City regarding the drainage, the suit states that “on January 22, 2024, the Train submitted a letter to the City a Claim For Money or Damages Against the City of Fort Bragg.”

On January 28, 2024, the City’s Claims Administrator, George Hills, sent the Skunk Train an acknowledgment of receipt, “but no action was taken.”

On April 24, 2024, the Skunk Train sent a letter to City Manager Isaac Whippy, but “the City did not respond.” On June 20, 2024, the Skunk Train filed an “Amended Claim for Money or Damages against the City of Fort Bragg.”

The documents contend that “to date, the City has not responded,” and that the City “continues to allow its stormwater to pollute the Property,” and that the railway was “forced to bring this complaint as a result.”

When contacted, the attorney representing the Skunk Train did not respond. However, Robert Pinoli, President and CEO of Mendocino Railway, provided a statement about the company’s lawsuit against the City.

Pinoli stated, “Stormwater is the runoff from paved or impervious surfaces, such as roads, parking lots, driveways, and rooftops, that drain directly into the City’s storm drain system. Stormwater is untreated and picks up pollutants along the way and carries these pollutants into our streams, ponds, wetlands, and the Pacific Ocean.”

Pinoli continued, “Storm water pollutants include litter, sediment, bacteria, and chemicals such as fertilizer and herbicides from lawns, as well as oil and gas from cars. The City of Fort Bragg has long conveyed this waste into Pond 8 on the mill site. This action seeks to hold them accountable as a responsible party for the continued discharges.”

He concluded, “It seems that the crumbling stormwater system that resulted in last week’s sinkhole is just the tip of the iceberg. While our property receives a significant amount of the City’s runoff, whose property gets the rest, or does it go into the ocean?”

City of Fort Bragg Director of Public Works John Smith declined to speak about the lawsuit itself, but he did respond to Robert Pinoli’s comment about a sinkhole. Smith said,” Public Works routinely replaces sections of stormwater pipes as needed.”

Smith continued, “Any small sinkholes that occur are first covered with a plate for public safety. The replacement of old infrastructure is an ongoing goal of the City as money becomes available.”

The Mendocino Railway suit was filed in the US District Court, the Northern District of California, located in San Francisco. The suit also requested a jury trial.