DURANGO, Colo. (AP) – The Durango & Silverton Narrow Gauge Railroad has filed a motion to dismiss a $25 million lawsuit blaming it for starting the sixth largest wildfire in Colorado history. The Durango Herald reported Tuesday that the railroad company claims there is no federal statute that allows the U.S. Forest Service to recover fire-suppression costs.

Company officials say state law allows for recovering actual damages, but the 416 Fire in
2018 didn’t burn any structures or cause any injuries or deaths.

Railroad attorneys did not return calls seeking comment.

The lawsuit says a coal-burning engine threw cinders or other material onto brush scorching about 85 square miles.

Federal officials say the motion to dismiss is being reviewed and a response is expected to be filed by Oct. 1.

Wildfire Resources

– Visit CBSDenver.com’s Colorado Wildfires section.

Wildfire Photo Galleries

– See images from the most destructive wildfires (Black Forest, Waldo Canyon, High Park and Fourmile), the deadliest (Storm King) and largest wildfire (Hayman) in Colorado history.

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