From: Christopher Law
To: City Clerk
Subject: Public Comment - March 10 City Council Meeting - Mill Site Litigation Date: Monday, March 10, 2025 3:15:56 PM
Fort Bragg City Council:
I’m a resident of Fort Bragg and am writing to urge the City Council to continue its litigation against the Skunk Train.
It has been encouraging to see the City of Fort Bragg prioritize health and the environment by combating the fiction promoted by Skunk Train that it is a so-called “public utility,” and therefore not subject to state and local oversight. I’m concerned that the City is moving too quickly away from this principled stand without thoroughly considering the downsides of ceding its jurisdiction.
Mendocino Railway’s plans, as laid out in the Mill Site Development Strategy Report, make it even more important to ensure its activities are subject to state and local regulation because the Railway intends to expand its activities to what it calls a “Rail-Related Preemption Area.” This area would operate exclusively under federal jurisdiction, including an expanded train station, a new trolley station at Glass Beach, and tracks that cut across the site.
The Report states that “railroads are not subject to preconstruction reviews or permit requirements.” Local and state regulators would have no authority over railroad facility activities outlined in Section 3(f) of the Report, including the “construction, maintenance, and improvement of stations, yards, shops, transloading facilities, and ancillary facilities.” Nor would there be local and state oversight over the “construction, maintenance, repair, and operation of railroad equipment” including “noise, horns, and emissions relating thereto.” Given the Trump Administration’s aggressive rollback of regulatory action on environmental and public health issues, the City Council should continue doing everything in its power to ensure that state and local authorities are in charge of the Skunk Train’s activities in such a sensitive and important coastal area.
Rather than rush into a development agreement process conditioned on settlement terms that would allow Mendocino Railway to escape state and local oversight, the City would better serve the public by favorably resolving the question of federal preemption instead of kicking the can down the road for future generations.
Sincerely,
Christopher Law