The lawsuit was filed before the Forest Service has completed its own official investigation into the fire's cause. It claims that train management was “careless."
Coal-fired engines can produce sparks that could ignite a wildfire.
Christian Robbins, marketing director for the railroad, calls the move “a relief.”
The driver was not seriously injured, but about 9 cubic yards of sludge spilled into the water, officials said.
Chinese workers were ran out of town in 1902. Silverton School students created a museum exhibit, play and garden in their memory.
River guides, pot shops, art galleries, musicians, farmer's markets and even the famous narrow gauge railroad are feeling the pinch.
The allegation was made by Sunnyside Gold Corp., which is fighting the EPA over who should pay for a potentially costly groundwater study.
The EPA is installing a barrier at the mine outside Silverton to prevent another spill like the one in 2015 that sent 3 million gallons of toxic water into rivers.
Utah wants cleanup compensation and unspecified damages in the 3-million-gallon Gold King Mine spill that was accidently triggered by EPA contractors.