Steve: My comment was meant to be a satirical, tongue-in-cheek criticism of often skewed and convoluted government regulations and associated bureacracy! If the Feds were aware of any recent climatic, environmental or other changing parameters that required the D&S to take additional corrective action regarding spark effusion, perhaps they should have initiated meetings with the D&S Operating Dept. in a more timely manner. The discovery phases of this legal wrangle should be quite revelatory, and only then can we understand where the "fault" lies. Obviously, there are a number of variables that come into play here, foremost the D&S being compliant with already in-place Federal guidelines and regulations regarding spark arresting procedures and equipment. If a thorough investigation reveals that the railroad had taken ALL practical steps mandated by the government for operating these locomotives under the existing conditions of climate and vegetation along the right of way, then it might be more difficult to prove negligence.
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