Neighbors Say Rail Line Too Noisy -- Property Owners Ready To Sue Over Stampede Pass Din
AUBURN - Several area families plan to file a lawsuit against the Burlington Northern Santa Fe Railroad for what they think is excessive noise from the Stampede Pass rail line, their attorney said.
Acting on behalf of Auburn resident Bob Little, attorney Jeff Herman has filed a notice of intent to sue in King County Superior Court, citing the federal Noise Control Act of 1972.
Seven other area residents, two of whom live in Maple Valley, are in the process of joining the legal fight, Herman said.
"We would at first seek the condemnation value for these homes," equivalent to their fair market value if they were in a quiet neighborhood, Herman said.
If property owners fail to obtain a multimillion-dollar settlement against the railroad, they will at least push for an agreement from Burlington Northern to insulate their homes against the noise, Herman said.
Railroad officials had no comment on the legal actions, but railroad spokesman Gus Melonas has said previously that he routinely advises prospective homeowners not to buy near a rail line if they have concerns about train noise.
The Stampede Pass route, mostly idle since 1983, was reopened to regular freight traffic in December. It begins in Auburn and ends in the Tri-Cities.
Little said he doesn't mind the noise of passing trains, but the sound made by the transfer of cars late at night has him worried about his children's hearing.
"You ever been in a war zone? That's what it's like," said Little, who lives next door to the rail line.
But invoking the federal noise law does not guarantee results. The Environmental Protection Agency stopped enforcing it in 1982.
"I can't recall any enforcement action by EPA on noise for more than 10 years," said Bob Jacobson, regional spokesman for the agency.
Still, according to the federal Bureau of Transportation Statistics, the noise-control law remains intact even though there's little enforcement, technical assistance or noise research.
"Well, this is a federal law. You can't pre-empt it," said Herman, a former King County deputy prosecutor and staff attorney for the city of Bellevue.