(The following article by Angie Buckley was posted on the Bismarck Tribune website on July 14.)
MANDAN, N.D. — The piles of papers, files and legal proclamations cluttering the offices and conference rooms of lawyers working on a lawsuit against Burlington Northern and Santa Fe Railroad are evidence of the case’s complexity, its magnitude and its impact.
Attorney General Wayne Stenehjem filed suit against the railroad in 2002, claiming it is responsible for millions of gallons of diesel floating under Mandan’s downtown. Joining Stenehjem’s fight are the city of Mandan and 73 individuals citing damage to health and property. The case became necessary, the plaintiffs say, when Burlington Northern announced in 2000 it would not admit responsibility for any diesel fuel north of Main Street.
Over the last several months, there have been private meetings between state and Burlington Northern representatives, and a number of closed sessions held by the Mandan City Commission, suggesting the case is in negotiation stages. But if a resolution isn’t reached, the parties will face off in Grand Forks District Court on Sept. 7.
About 3 million gallons are estimated to remain floating on Mandan’s water table. Since cleanup began in the late 1980s, 650,000 gallons of fuel have been extracted. The diesel was discovered in 1984 when the Law Enforcement Center’s basement was planned.
The North Dakota Department of Health has worked at removing fuel north of Main Street since 2001, when the railroad pulled back its cleanup efforts. Burlington Northern cleanup efforts continue south of Main.
A 1985 administrative law judge ordered Burlington Northern to clean up the diesel. Although the judge didn’t specifically assign responsibility for the spill to Burlington Northern, Malcolm Brown, a past Mandan mayor representing the city in the case, asks, “Why would you clean up something that’s not yours?”
Burlington Northern does not comment on ongoing cases, but spokesperson Gus Melonas said that the railroad is continuing to clean up what it has determined it is responsible for, using the latest proven technology.
The lawsuit identifies city and state objectives to get the fuel cleaned up. It’s necessary for health issues, to add value to downtown property and to get the city started on its economic development projects, officials say. Wayne Kern, director of the Division of Waste Management for the Department of Health, said it may not be feasible to remove every trace of fuel, but it’s the goal to reach a level of clean deemed acceptable to leave there, as long as environmental health and safety are protected.