Skunk Train Denies County Environmental Health Access to Oil Spill at Fort Bragg Depot Claiming Federal Designation Exempts Railway from County or State Oversight

An internal email sent by Fort Bragg City Manager Tabatha Miller to city staff went public on Wednesday, December 1, 2021 revealing that there had been an oil spill on the Skunk Train’s tracks at the Fort Bragg Depot yard. The email said the Skunk Train staff denied access to Mendocino County Environmental Health personnel claiming its federal rail designation did not require them to comply with county officials.

This comes amongst rising tensions between the iconic Skunk Train and the City of Fort Bragg after Mendocino Railway leveraged it’s designation as a public utility to utilize eminent domain to take ownership of 270 acres of the former Georgia Pacific mill site in Fort Bragg. This acquisition has resulted in 20% of the city’s land being owned by the railway.

Bruce Broderick, a resident of Fort Bragg since 2004, said he discovered the oil spill on Thanksgiving Day, November 25. He told us that while walking through the Skunk Train Depot parking lot, he noticed “a large oil spill on the tracks.”

On Tuesday, November 30, Broderick returned to the site and took more pictures of the oil spill. The next day, Broderick felt compelled to contact Will Nalty, Mendocino County Environmental Health’s Hazardous Materials Operations Specialist about the discovery, providing him with a description of what he found and photographs.

Nalty confirmed Broderick reported the spill and he told us an Environmental Health Specialist from Fort Bragg was asked to “respond, observe and report.” The employee confirmed with Nalty there was a six feet by four feet spill “in the soil and pooling in the soil.” The Fort Bragg employee also told Nalty there were also “signs of spill trailing, possibly off the property.”

Skunk Train employees reportedly told the Environmental Health Specialist that “the engines have an oil overflow which discharged the oil.”

Nalty told us that when the Environmental Health employee “asked to look at another part of the property the request was denied.” The Skunk Train employees “exerted their claim that they are a federal entity and exempt from local and state regulations.”

Broderick told us this photo depicts the area a worker was covering up the soil with sand and gravel.

Upon direction of Nalty, the employee directed Skunk Train employees “to start cleaning it up and that we would refer it to the federal agencies.” Later that day, Broderick reported to Nalty that the Skunk Train employees had commenced their clean up of the oil spill.

Midday Wednesday, Broderick described going to the Farmer’s Market, cutting through the Skunk Train parking lot, and locating “an individual who was covering up the spill with sand and gravel.” This individual told Broderick he had “dug down and removed all of the oil from the site.”

Broderick photographed yesterday what appeared to be absorption mats that had been laid across the stretch of tracks where he had first encountered the oil spill. Broderick described encountering Assistant General Manager of the Skunk Train Toney Natareno who told him absorption mats had been laid down to “absorb anything that might be left.” Broderick told us he questioned Natareno as to how personnel were able to get under the railroad tie to get any oil that had soaked in and reportedly Natareno responded, “The oil didn’t go that deep. It was only the surface.” Natareno also told Broderic that diesel electric locomotives from the time period of the one used for transporting tourists “are designed to throw off excess oil as heat and pressure develop.”

We reached out to Robert Pinoli, the President and CEO of Mendocino Railway, California Western Railroad, and the Skunk Train regarding these reports.He told us that he has been working Mendocino Railways for 30 years adding “I am also four generations to Mendocino County. I care deeply for this beautiful place.”

Pinoli told us these claims regarding the oil spill are “a continuation of the City’s effort to retaliate against Mendocino Railway.”

Pinoli said he was not informed of the oil spill until Wednesday, December 1 and had not seen any indications of an oil spill when he walked “the depot north crossing Pine Street and walking towards Main Street” on Monday, November 29. But, he told us that “employees have removed soil and placed it in sealed drum containers to be removed and disposed of by our outside contractor.”

Implying the oil might be a false flag employed by disgruntled citizens of Fort Bragg, Pinoli said, “[T]his puddle you have a picture of seems a bit suspect, no[?]” He went on to ask, “Do you find it odd that the person who allegedly saw this on the 25th didn’t come say something to the railroad?”

Fort Bragg City Manager Tabatha Miller, the author of the internal email that had gone public revealing this twist in the Skunk Train story, told us the post was “not intended as a public statement.” But, City Manager Miller did acknowledge that there is a “good argument” that any internal documents are subject to the public record.

Reflecting on the news of the oil spill, City Manager Miller said Mendocino Railways’ unwillingness to cooperate with Environmental Health proceedings was “consistent with the challenges we’ve had dealing with the claim of federal preemption” made by the railroad.

Will Nalty told us if any of the reported spill “ends up in a navigable waterway, the railroad will be in violation of the Clean Water Act and may also be a violation of the Oil Pollution Act of 1990. These are both federal laws.”