It is indeed unfortunate this situation came up at all, but the D&S is not the only Railroad in this position. When I worked for the V&T in Virginia City some time ago, a colorful local citizen constantly complained about the whistle. He filed complaint after complaint against the owner, making statements his metal plate in his head would vibrate and give him headaches. He got the District Attorney to file a formal complaint against the V&T and caused a great deal of turmoil until the Nevada PUC and the FRA stated they required the whistle for safety. At that point the complainant decided to lie on the tracks to stop the train. We did not run over him as was done at the Concord Naval Weapons Center to another protester. Eventually he died and the issue died with him.

However in the case of the "new" citizens of Durango, my experience tells me they will never rest until they get the environment the way they want. And this action flies in the face of the fact that many of them moved there to escape strict rules and regulations that they now wish to embrace.

M.K.Tackett
CEO and General Manager
Feather River Short Line Railroad

Air Quality Supervisor (enforcement) Retired
Air Quality Division
Washoe County District Health Department
Reno, Nevada