NOYO HEADLANDS DOCUMENT RESOURCE

This is a publicly accessible repository of documents related to the Mendocino Railroad takeover of the historic Fort Bragg sawmill site, intended to facilitate research and deepen the understanding of the issues involved. All documents here are in the public domain or are posted with the expressed written consent of the authors. The individuals posting and maintaining this resource take no responsibility for how these documents are used or distributed beyond this site.

City of Fort Bragg v. Mendocino Railway, Case Number 21CV00850

Preliminary Correspondence Between City of Fort Bragg, and Mendocino Railway and its parent corporation, Sierra Railroad
- Letter to Torgny Nilsson, Sierra Railroad General Counsel from Michael Gogna, attorney for City of Fort Bragg, Feb. 13, 2008 regarding Skunk Train's refusal to obtain a Fort Bragg Business License, based on their alleged federal preemption as a railroad.
- Letter from Torgny Nilsson to City of Fort Bragg Planner Sarah McCormick, Sept. 26, 2019 alleging that work on Drying Shed No. 4 is "exempt from local permitting requirements," based on their alleged federal preemption as a railroad.
- Letter from Torgny Nilsson to Sarah McCormick, Dec. 3, 2019 regarding a Stop Work order posted on the Skunk Train rail bike shed, declaring, based on their alleged federal preemption as a railroad, "we are removing the City's Order to Stop Work and intend to proceed with our work."
- Mendocino County Environmental Health NOTICE OF VIOLATION, Dec. 6, 2021 regarding refusal to allow a Mendocino Environmental Health Specialist access to determine where an oil spill came from.
SUMMONS AND VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF The City of Fort Bragg's initial filing on October 28, 2021, including the City's reasoning and arguments.
Legal filings by Mendocino Railway
- DEFENDANT MENDOCINO RAILWAY'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF CITY OF FORT BRAGG'S COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, filed January 14, 2022
- DEFENDANT MENDOCINO RAILWAY'S NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFF CITY OF FORT BRAGG'S COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, filed January 14, 2022.
- DECLARATION OF MIKE HART IN SUPPORT OF DEFENDANT'S DEMURRER AND MOTION TO STRIKE, filed January 14, 2022
- DECLARATION OF PAUL BEARD II IN SUPPORT OF DEFENDANT'S DEMURRER AND MOTION TO STRIKE, filed January 14, 2022. Of note, this filing contains five Exhibits, including the California Public Utilities Commission finding on January 18, 1998 that Skunk Train predecessor California Western Railroad "In providing excursion passenger service CWRR does not function as a public utility."
- DEFENDANT MENDOCINO RAILWAYS MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER TO PLAINTIFF CITY OF FORT BRAGG'S COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, filed January 14, 2022
- NOTICE OF LODGING OF ATTORNEY GENERAL OPINIONS CITED IN SUPPORT OF OPPOSITION TO DEMURRER, filed February 22, 2022
Legal Filings by The City of Fort Bragg
- OBJECTION TO REQUEST FOR JUDICIAL NOTICE; EVIDENTIARY OBJECTIONS TO DECLARATIONS OF PAUL BEARD AND MIKE HEART IN SUPPORT OF DEMURRER AND MOTION TO STRIKE, filed February 9, 2022
- CITY'S OPPOSITION TO DEMURRER TO VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, filed February 9, 2022
- CITY OF FORT BRAGG'S OPPOSITION TO MOTION TO STRIKE COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, filed February 9, 2022
- NOTICE OF LODGING OF FEDERAL AGENCY OPINIONS CITED IN SUPPORT OF OPPOSITION TO DEMURRER, filed February 9, 2022. Of note, this filing contains four U.S. Surface Transportation Board decisions relevant to when or when isn't a rail carrier exempt from state or local jurisdiction due to federal preemption.
Reply Filings by Mendocino Railway
- REPLY BRIEF IN SUPPORT OF DEFENDANT MENDOCINO RAILWAY'S DEMURRER, filed February 16, 2022
- REPLY BRIEF IN SUPPORT OF DEFENDANT MENDOCINO RAILWAY'S MOTION TO STRIKE, filed February 16, 2022
- REPLY IN SUPPORT OF DEFENDANT'S REQUEST FOR JUDICIAL NOTICE, filed February 16, 2022
- VERIFIED ANSWER OF DEFENDANT MENDOCINO RAILWAY, June 24, 2022. Mendocino Railway's point by point response to the City of Fort Bragg's original COMPLAINT
Amicus Curiae Filings by Mendocino County
- APPLICATION TO FILE AMICUS CURIAE BRIEF; AMICUS CURIAE BRIEF, filed February 22, 2022
- REQUEST FOR JUDICIAL NOTICE, filed February 22, 2022. Contains copies of Complaint, Notice of Violation and correspondence regarding oil spill on Skunk Train tracks in Fort Bragg, December of 2021.
Minutes and Findings of the Superior Court of Mendocino County, Hon. Clayton Brennan, presiding
- Minutes of February 24 Motions Hearing
- Minutes of April 7 Case Management Conference Next Case Management Conference set for May 19.
- RULING ON DEMURER TO THE COMPLAINT, April 28, 2022. "For the reasons set forth above Mendocino Railways Demurrer is overruled."
- RULING ON MOTION TO STRIKE, April 28, 2022. "...the motion to strike is denied."
First Appelate District Court of Appeal
- Court of Appeal STAY Order, May 4, 2022 on City of Fort Bragg vs. Mendocino Railway case, pending appeal of Judge Brennan's April 28 rulings. The Court requests briefings from the parties on three questions, including "...should the California Puflic Utilities Commission (CPUC) be considered a 'real party in interest'..."
- Mendocino Railway's SUPPLEMENTAL OPENING BRIEF IN SUPPORT OF PETITION, May 9, 2012
- Fort Bragg CITY'S SUPPLEMENTAL BRIEF IN OPPOSITION TO PEITION FOR WRIT OF MANDATE, May 19, 2022
- Mendocino Railway's SUPPLEMENTAL REPLY BRIEF IN SUPPORT OF PETITION, May 31, 2022
- Court of Appeals Decision, June 9, 2022. "The court determines that the circumstances of this case warrant a denial of estraordinary writ review."
Mendocino Railway's Motion to Combine City of Fort Bragg v. Mendocino Railway with eminent domain case Mendocino Railway v. John Meyer et. al.
- Mendocino Railway's NOTICE OF RELATED CASE, June 22, 2022.
- OPPOSITION OF CITY OF FORT BRAGG TO NOTICE OF RELATED CASE, June 27, 2022. City of Fort Bragg's brief and arguments against combining City of Fort Bragg v. Mendocino Railway with Mendocino Railway v. John Meyer.
- OPPOSITION OF CALIFORNIA COASTAL COMMISSION TO MENDOCINO RAILWAY'S NOTICE OF RELATED CASE September 16, 2022
- DEFENDANT MENDOCINO RAILWAY'S REPLY IN SUPPORT OF ITS NOTICE OF RELATED CASES; DECLARATION OF PAUL BEARD II IN SUPPORT OF REPLY BRIEF
- CITY OF FORT BRAGG'S OBJECTION TO MENDOCINO RAILWAY'S REPLY IN SUPPORT OF ITS NOTICE OF RELATED CASES; DECLARATION OF PAUL BEARD II IN SUPPORT OF REPLY BRIEF, filed September 26, 2022.
CALIFORNIA COASTAL COMMISSION'S NOTICE OF MOTION FOR LEAVE OF COURT TO INTERVENE, filed September 8, 2022. Includes:
- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF CALIFORNIA COASTAL COMMISSION'S MOTION TO INTERVENE
- [PROPOSED] COMPLAINT IN INTEERVENTION
- DECLARATION OF JOSH LEVINE IN SUPPORT OF CALIFORNIA COASTAL COMMISSION'S MOTION TO INTERVENE
- V-1-22-00070 Mendocino Railway Roundhouse, August 10, 2022. Notice of Violation: "Unpermitted development, that includes, but is not limited to, the replacement of the "Roundhouse", the replacement of a sructure located off of Wes Alder Street with an added concrete patio, the replacement of a storage shed allegedly used to store rail bikes, a lot line adjustment, and restricting public parking."
- DEFENDANT MENDOCINO RAILWAY'S OPPOSITION TO THE CALIFORNIA COASTAL COMMISSION'S MOTION TO INTERVENE, filed September 22, 2022
- CITY'S NON-OPPOSITION TO CALIFORNIA COASTAL COMMISSION'S MOTION TO INTERVENE, filed September 26, 2022
- CALIFORNIA COASTAL COMMISSION'S REPLY IN SUPPORT OF ITS MOTION TO INTERVENE, filed October 13, 2022
- MINUTE ORDER GRANTING CALIFORNIA COASTAL COMMISSION'S MOTION FOR LEAVE OF COURT TO INTERVENE, filed October 20, 2022.
- NOTICE OF ENTRY OF ORDER, filed October 27, 2022.
OBJECTION TO JUDGE PRESIDING OVER TRIAL AND ALL OTHER PROCEEDINGS CONCERNING THIS ACTION [C.C.P § 170.3]; DECLARATION OF PAUL BEARD II IN SUPPORT OF OBJECTION September 13, 2022
- ANSWER OF JUDGE CLAYTON L. BRENNAN TO MENDOCINO RAILWAY'S STATEMENT OF DISQUALIFICATION C.C.P. § 170.3 September 14, 2022
- OPPOSITION TO REQUEST FOR JUDICIAL DISQUALIFICATION, filed September 27, 2022. Filed by the City of Fort Bragg.
- ORDER ON MOTION TO DISQUALIFY JUDGE BRENNAN, filed September 29, 2022. Judge Gregory Elvine-Kreis of the Superior Court, County of Humboldt denied the motion.
NOTICE OF REMOVAL TO FEDERAL COURT, filed October 20, 2022. Mendocino Railway files in Federal District Court in Eureka to have City of Fort Bragg v. Mendocino Railway removed to the jurisdiction of the Federal Court.
COMPLAINT IN INTERVENTION , filed October 27, 2022. The California Coastal Commissions formal filing of a legal complaint in intervention in the Fort Bragg v. Mendocino Railway case.
NEW 09/11 NOTICE OF MOTION AND MOTION FOR STAY OF PROCEEDINGS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF PAUL BEARD II, filed September 5, 2023

NEW 11/11 DECLARATION OF PAUL BEARD IN SUPPORT OF CONSOLIDATED REPLY IN SUPPORT OF STAY, filed September 5, 2023
NEW 10/11 CITY'S OPPOSITION TO MOTION FOR STAY OF PROCEEDINGS, filed October 6, 2023
NEW 10/11 INTERVENOR CALIFORNIA COASTAL COMMISSION'S OPPOSITION TO DEFENDANT'S MOTION FOR STAY, filed October 6, 2023
NEW 10/11 INTERVENOR CALIFORNIA COASTAL COMMISSION'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS OPPOSITION TO DEFENDANT'S MOTION FOR STAY; DECLARATION OF PATRICK TUCK, filed October 6, 2023

NEW 11/11 Minutes of Hearing November 2,2023: Motion for Stay, dated November 2, 2023. "Court states the request for stay is denied. The parties are ordered to file updated case management conference statements, detailing anticipated discovery and proposed trial dates."

NOTICE OF REMOVAL, to transfer the Fort Bragg v. Mendocino Railway Superior Court case to Federal District Court, filed Mendocino Railway on October 20, 2022.

NOTICE OF REMOVAL, filed October 20, 2022.
NOTICE OF ENTRY OF ORDER , filed November 7, 2022. California Coastal Commission's filing from Mendocino County Superior Court case.
CALIFORNIA COASTAL COMMISSION'S COMPLAINT IN INTERVENTION, filed November 7, 2022. California Coastal Commission's filing from Mendocino County Superior Court case.
CALIFORNIA COASTAL COMMISSION'S NOTICE OF MOTION AND MOTION TO REMAND ACTION TO STATE COURT, filed November 21, 2022
- CALIFORNIA COASTAL COMMISSION'S REQUEST FOR JUDICIAL NOTICE, filed November 21, 2022
- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF CALIFORNIA COASTAL COMMISSION'S MOTION TO REMAND ACTION TO STATE COURT, filed November 21, 2022
CITY'S MOTION TO REMAND ACTION TO STATE COURT, filed November 21, 2022
- DECLARATION OF KRISTA MACNEVIN JEE IN SUPPORT OF MOTION TO REMAND, filed November 21, 2022
- [PROPOSED] ORDER GRANTING CITY'S MOTION TO REMAND CASE TO STATE COURT, filed November 21, 2022
- DEFENDANT MENDOCINO RAILWAY'S CONSOLIDATED OPPOSITION TO PLAINTIFF'S MOTIONS TO REMAND, filed December 5, 2022.
- DECLARATION OF ROBERT PINOLI IN SUPPORT OF DEFENDANT MENDOCINO RAILWAY'S CONSOLIDATED OPPOSITION TO PLAINTIFF'S MOTIONS TO REMAND, filed December 5, 2022.
- REPLY TO DEFENANT MENDOCINO RAILWAY'S CONSOLIDATED OPPOSITION TO PLAINTIFF'S MOTIONS TO REMAND, filed December 12, 2022
- INTERVENOR CALIFORNIA COASTAL COMMISSION'S REPLY TO DEFENDANT'S CONSOLIDATED OPPOSITION TO MOTIONS TO REMAND ACTION TO STATE COURT, filed December 12, 2022
- ADMINISTRATIVE MOTION TO EXTEND TIME AND PAGE LIMIT FOR FILING OF EVIDENTIARY OBJECTIONS TO DECLARATION OF ROBERT PINOLI IN SUPPORT OF OPPOSITION TO MOTION TO REMAND, AND ACCOMPANYING DECLARATION OF KRISTA MACNEVIN JEE IN SUPPORT THEREOF, filed December 28, 2022
- ORDER DENYING MOTION FOR EXTENSION OF TIME TO FILE EVIDENTIARY OBJECTIONS TO AND EXTEND PAGE LIMIT OF EVIDENTIARY OBJECTIONS, filed January 9, 2023
- ORDER GRANTING MOTIONS TO REMAND, filed May 11, 2023
Mendocino Railway vs. California Coastal Commission and the City of Fort Bragg, filed August 9, 2022 in Federal District Court for Northern California in Eureka, California.
- Case CIVIL COVER SHEET filed August 9, 2022, claiming, "Defendant state and local actors unlawfully claim permit authority over federally regulated railroad."
- COMPLAINT FOR DECLARATORY JUDGMENT, filed August 9, 2022
- DEFENDANT JACK AINSWORTH'S NOTICE OF MOTION, MOTION TO DISMISS, ANDMEMORANDUM OF POINTS AND AUTHORITIES, filed September 22, 2022. Response of Defendant California Coastal Commission
  - REQUEST FOR JUDICIAL NOTICE, filed September 22, 2022.
  - [PROPOSED] ORDER, filed September 22, 2022.
- CITY OF FORT BRAGG'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF MENDOCINO RAILWAY'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, filed September 22, 2022.
  - REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CITY OF FORT BRAGG'S MOTION TO DISMISS COMPLAINT, filed filed September 22, 2022.
  - DECLARATION OF KRISTA MACNEVIN JEE IN SUPPORT OF DEFENDANT CITY'S MOTION TO DISMISS.
  - PLAINTIFF'S OPPOSITION TO DEFENDANT JACK AINSWORTH'S MOTION TO DISMISS, filed October 20, 2022.
  - PLAINTIFF'S OPPOSITION TO DEFENDANT CITY OF FORT BRAGG'S MOTION TO DISMISS, filed October 20, 2022.
  - PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO MOTIONS TO DISMISS, filed October 21, 2022.
  - DEFENDANT JACK AINSWORTH'S REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS, filed November 3, 2022
  - DEFENDANT CITY OF FORT BRAGG'S REPLY TO OPPOSITION TO MOTION TO DISMISS, filed November 4, 2022
  - REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CITY OF FORT BRAGG'S REPLY TO OPPOSITION TO MOTION TO DISMISS, filed November 4, 2022
- PLAINTIFF'S ADMINISTRATIVE MOTION FOR CONSIDERATION WHETHER TWO PENDING CASES SHOULD BE RELATED (L.R. 3-12), filed October 31, 2022. Mendocino Railway's motion to combine the Fort Bragg v. Mendocino Railway case, "Removed" to Federal Court by Mendocino Railway, with this case.
  - DECLARATION OF PAUL BEARD II IN SUPPORT OF ADMINISTRATIVE MOTION RE: RELATED CASES, filed October 31, 2022.
  - PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ADMINISTRATIVE MOTION RE: RELATED CASES, filed October 31, 2022.
    - City of Fort Bragg vs. Mendocino Railway VERIFIED COMPLAINT FOR INJUNCTIVE RELIER, filed October 31, 2022.
    - City of Fort Bragg vs. Mendocino Railway: California Coastal Commission COMPLAINT IN INTERVENTION, filed October 31, 2022.
    - City of Fort Bragg vs. Mendocino Railway: NOTICE OF REMOVAL, filed October 31, 2022.
    - U.S. District Court, Californina Northern District (Eureka) CIVIL DOCKET FOR CASE #: 1:22-CV-06317-RMI, filed October 31, 2022.
- ORDER GRANTING MOTIONS TO DISMISS. filed filed May 12, 2023.
Mendocino Railway vs. Ainsworth et al, filed June 8, 2023 in United States Court of Appeals for the Ninth Circuit, San Francisco, California.
- NEW 09/11 APPELLANT'S OPENING BRIEF, filed September 6, 2023
- NEW 11/11 APPELLEE JACK AINSWORTH'S OPPOSITION TO APPELLANT’S MOTION FOR JUDICIAL NOTICE IN SUPPORT OF OPENING BRIEF, filed November 6, 2023
- NEW 11/11 ANSWERING BRIEF OF APPELLEE CITY OF FORT BRAGG, filed November 6, 2023
- NEW 11/11 APPELLEE JACK AINSWORTH'S ANSWERING BRIEF, November 6, 2023
Mendocino Railway, Mike Hart and Chris Hart
- The Hart Brothers
  - Mike Hart (Sierra Energy) on Why He Buys Railroads (2016)
- Corporate Filings with California Secretary of State
  - Mendocino Railway Articles of Incorporation
  - Mendocino Railway Corporate Statement, January 29, 2021
  - Mendocino Railway Corporate Statement, January 25, 2022, filed a year early. Robert Pinoli out as CEO. Mike Hart in.
  - Mendocino Railway Corporate Statement, February 23, 2022, filed a month after the last filing. Mike Hart out as CEO. Robert Pinole back in.
  - Mendocino Railway Corporate Statement, February 28, 2022, appears to be a duplicate of the February 23 filing.
  - Sierra Railroad (parent corporation of Mendocino Railway) Corporate Statement May 19, 2019
  - Sierra Railroad (parent corporation of Mendocino Railway) Corporate Statement May 28, 2021
  - Sierra Northern Railway Corporate Statement Sierra Northern Railway's website says they operate the Skunk Train, but this appears to be obsolete.
- NEW 9/26 Map of Mendocino Headlands Parcels owned by Mendocino Railway and Parent Corporations, Updated September 9, 2023
- NEW 9/26 Pudding Creek Parcels Owned by Mendocino Railway and Parent Corporations, updated September 18, 2023
Mendocino Railway Eminent Domain Cases

Summary of Current status of Eminant Domain cases, as of May 12, 2023
- Mendocino Railway vs. Meyer, John (SCUK-CVED-2020-74939)
  1401 West Highway 20, Willits, California, filed December 22, 2020. This Case has a Mediation scheduled for May and jury trial scheduled for July.
- Mendocino Railway vs. Shea, Lorena Ruth (SCUK-CVED-74846), filed November 18, 2020
  Property located at 476 Alger Street in Fort Bragg.
- Mendocino Railway vs. Georgia-Pacific LLC, et al. (21VC00595)
  The southern 209 acres of the Georgia-Pacific mill site and 70 acres along Pudding Creek
California Coastal Commission Filings and Correspondence
- California Coastal Act, 2022 Revision
- County of Mendocino Coastal Zone, Map 13, Fort Bragg, August 17, 1983
- Appeal documents for the demolition of Dry Shed #4, approved by the City of Fort Bragg on March 26, 2018, and appealed to the Coastal Commission April 2, 2019.
- Letter from the Coastal Commission to Anthony LaRocca, Counsel for Mendocino Railway, June 11, 2019 asserting Coastal Commission jurisdiction over any expansion of the rail facilities on the Georgia-Pacific Mill Site.
- Mendocino Railway request for Coastal Consistency Determination, includes Federal Railroad Adminstration Categorical Exclusion Worksheet and Coastal Consistency Determination, submitted February 28, 2022. (36mb file)
- City of Fort Bragg's letter to the Coastal Commission opposing Mendocino Railway's RRIF application, March 14, 2022, on the grounds that it "would allow Mendocino Railway to strategically claim exemption from local and state regulations and bypass the community's ability to participate in planning reuse of the site, which comprises approximately a third of the land within city limits."
- Mendocino Railway Consistency Determination withdrawn April 11, 2022 by Federal Railway Authority.
- V-1-22-00070 Mendocino Railway Roundhouse, August 10, 2022. Notice of Violation: "Unpermitted development, that includes, but is not limited to, the replacement of the "Roundhouse", the replacement of a sructure located off of Wes Alder Street with an added concrete patio, the replacement of a storage shed allegedly used to store rail bikes, a lot line adjustment, and restricting public parking."
California Public Utilities Commission Decisions
- 1998 Cal.PUC LEXIS 189 January 21, 1998 California Western Railroad, predecessor to Mendocino Railway granted relief from regulation of excursion passenger fares, the CPUC finding, "that sightseeing is not a public utility function" and "In providing excursion passenger service, CWRR does not function as a public utility."
- 1998 Cal.PUC LEXIS 384 May 21, 1998 CWRR withdraws the above petition except for the relief of regulation of excursion fares on the basis of occasional passenger traffic between Willits, Northspur and Fort Bragg
- Letter from PUC to Mendocino Railway, December 7, 2018, stating "Mendocino Railway is regarded as a Class III railroad by the California Public Utilities Commission (CPUC)."
- Public Utilities Commission Response to Mendocino Railway's Request, August 12, 2022. In response to a letter from Michael Hart, requesting that the CPUC state "that Mendocino Railway is a regulated public utility railroad," the CPUC writes, "While Mendocino Railway is a Commisson-regulated railroad, it is not a public utility within the meaning of the California Constitution, the California Public Utilities Code, and the Commission's orders" (Bold in the original document)
- RE: Mendocino Railway's Status as a Public Utility, August 15, 2022. Mendocino Railway's response to the CPUC's August 12, 2022 letter, stating, "We respectfully request that your office reconsider the conclusion set forth in the August 12, 2022, letter concerining MRY's status as a public utility."
Federal Railroad Authority and the Surface Transportation Board
- Railroad Rehabilitation & Improvement Financing Loan (RRIF) application
  Attempts to obtain a copy of the actual application have been unsuccessful. However, the following are in the public domain:
  - 45 U.S. Code 17: Railroad Revitalization & Regulatory Reform The section of Federal law that enables and regulates the terms of RRIF loans.
  - NCRA letter to U.S. Department of Transportation, November 3, 2021, opposing Mendocino Railway's RRIF loan request on both legal and substantive grounds.
  - California Coastal Commission letter to the U.S. Department of Transportation, November 5, 2021, asserting jurisdiction over the loan financed activities under the Federal Coastal Zone Management Act.
  - Letter from the City of Fort Bragg, November 22, 2021, opposing the loan with extensive discussion of the City's position.
  - Friends of the Eel River Letter Opposing RRIF Application, November 17, 2021
  - Mendocino Railway Cease and Desist letter to the City of Fort Bragg, sent December 12, 2021.
- Federal Railroad Law and Federal Preemption of State and Local Jurisdiction
  - Michael Conneran. "I Hear That Train A'comin': Municipal Legal Issues Involving Railroads". April 30, 2021. History of federal railroad law. Includes an analysis of eminant domain and federal preemption, when it applies and when it does not.
  - "I Hear That Train a Comin..." PPT PowerPoint Slide Deck for Conneran's presentation above. Slide 24 begins a discussion of federal preemption.
  - The Federal Laws Applicable to Railroads 2017 Section of the Albemarle Community Land Use Handbook detailing the statute and case law around federal preemption of state and local regulations.
- The City of Fort Bragg's NOTICE OF LODGING OF FEDERAL AGENCY OPINIONS CITED IN SUPPORT OF OPPOSITION TO DEMURRER contains four Surface Transportation Board decisions relevant to federal preemption of local regulations:
  - Bureau of Riverdale (4 S.T.B. 380; 1999 S.T.B 531)
  - City of Auburn and Kent, WA (2 S.T.B. 330; 1997 STB Lexis 143)
  - Maumee & Western Railroad and RMW Ventures (2004 STB Lexis 140)
  - Norfolk Southern Railway Co. (2016 STB Lexis 61)
- Federal Register Notice that Mendocino Railway acquired California Western Railroad, April 9, 2004
- Railroad Retirement Board finding, September 28, 2006, that Mendocino Railway "does not and cannot now operate in interstate commerce...it is not currently an employer under the [Railroad Retirement and unemployment] acts."
- MEYER for CWR v. NCRA, January 30, 2007, denying CWR's complaint for damages because NCRA failed to maintain the rail segment between Willits and Schellville/Napa Junction, resulting in FRA emergency order shutting down the line.
- Letter from Baker & Miller PLLC, Mendocino Railway Attorney, to SMART District, May 19, 2020, expressing interest in "acquiring the freight rights currently held by Northwestern Pacific Company ("NWP") on the NCRA/NWP line or, at the very least, the rights to that portion of the line between Cloverdale and Willits"
- Great Redwood Trail Feasibility, Governance and Railbanking Report, July 2020
- S.T.B Docket AB 1313. Federal Register 86:111 June 11, 2021 Federal Register notice of North Coast Rail Authority application to terminate operating rights over the rail line from Outlet Station to Fairhaven.
- S.T.B Docket AB 1310. Federal Register 86:145 August 2, 2021 Federal Register Notice of Northewatern Pacific Railroad Company petition to discontinue service between Outlet Station and the Mendocino/Sonoma County line.
- Mendocino Railway letter opposing California Coastal Commission's Motion in support of NCRA abandonment, filed January 4, 2022.
- Mendocino Railway letter correcting alleged "misleading statements" in a prior letter from NCRA, filed January 20, 2022
- Great Redwood Trail Agency's Certification of Filing and Service of Information Requirerd Pursuant to 49 CFR 1152.27(2), September 15, 2022. GRTA's reply to Mendocino Railway's application to re-open rail line from Willits to Longvale. (18mb file)
- Railroad Rehabilitation Assessment Willits MP 139.5 to Longvale MP152.5, September 12, 2022. Estimates the rehabilitation cost for that 13 mile segment at $22.5 Million.
- MENDOCINO RAILWAY'S OFFER OF FINANCIAL ASSISTANCE, filed October 17, 2022.
- SURFACE TRANSPORTATION BOARD DECISION Docket No. AB 1305X GREAT REDWOOD TRAIL AGENCY —ABANDONMENT EXEMPTION— ..., filed October 21, 2022. "It is ordered: 1) MR's OFA is rejected..."
- PETITION FOR PARTIAL WAIVER OF ABANDONMENT REGULATIONS AND FOR EXEMPTION FROM STATUTORY REQUIREMENTS, filed February 28, 2022
Department of Toxic Substances Control (DTSC)

---- California Western Railway/Mendocino Railway Property — Skunk Train Facility ----
- CORRECTIVE ACTION CONSENT AGREEMENT, June 5, 2005, concerning the clean up of "ash, ash residues, unburned embers generated from burning of chemically treated ties, soils containing ash residues, used oil, paint, and leaking old batteries" on the Skunk Train facility grounds.
- NEW 9/26 Report of DTSC Investigation of Skunk Train Depot focused on waste oil, batteries, and paint, dated November 13, 1998.
- NEW 9/26 Report of DTSC Investigation of Skunk Train Depot focused on waste oil, batteries, paint and used railroad ties., released April 9, 2009
- California Environmental Quality Act Notice of Exemption, April 9, 2021, permitting Mendocino Railway to store treated rail tie waste on site
- Letter to Mendocino Railway dated November 4, 2021 regarding cleanup postponed in 2013 "because of financial hardship" and ordering them to submit a work plan within 60 days.
- NEW 9/26 Mendocino County Environmental Health NOTICE OF VIOLATION, dated December 6, 2021, concerning “an oil discharge at the Mendocino Railway yard.”
- DTSC reply to Mendocino Railway's request for additional time to submit RFI Workplan Addendum, January 25, 2022, stepping up DTSC supervision with Monthly Project Manager meetings.
- Mendocino Railway RFI Workplan Addendum, May 9, 2022. "The objective of this RFI Workplan Addendum is to address data gaps identified in the 2013 RFI Report and support a final RFI Report and subsequent Corrective Measure Study."
- RCRA Facility Investigation Work Plan Addendum, California Western Facility, dated 13 September 2022, prepared for Mendocino Railway by Kennedy Jenks.
- DTSC Letter of approval for RCRA Facility Investigation Work Plan Addendum, California Western Facility, dated October 5, 2022.
- ESTIMATED OVERSIGHT COSTS – FISCAL YEAR 2022/2023, CALIFORNIA WESTERN RAILROAD (SKUNK TRAIN), 100 W LAUREL STREET, FORT BRAGG, CALIFORNIA (SITE CODE 520041), dated October 3, 2022. Includes detailed accounting of costs and Gantt chart style timeline.
- Quarterly Status Reports
----------- Georgia Pacific/Koch Industries Mill Site -----------
- When the Berm Blows by William Lemos, PhD. Life long Mendocino County resident and retired educator Bill Lemos details the dangers posed by the failing berms surrounding Pond 8, a toxic soup of dioxin, lead, PCBs, etc. (30mb File)
- NEW 9/26 Off-Site Contamination — From 1971 until shortly before the mill closed in 2002, Georgia Pacific operated a "co-generation" electrical generation plant burning mill waste and allegedly other materials. Fly ash from the co-generation plant, containing toxins including dioxins and furans was stored on site, and trucked off-site to be used as soil amendments on fields, lawns and gardens.
- SITE INVESTIGATION AND REMEDIATION ORDER, issued February 16, 2007, ordering Georgia Pacific to investigate and remediate the toxic contamination of the former Georgia Pacific mill site.
- Land Use Covenants – permanent restrictions on how sections of the former Mill site may be used or developed in the future due to toxic soil and/or ground water contamination.
  - Operable Unit A, Coastal Trail and Parkland Zone
  - Operable Unit C, the North section of the Mill Site
  - Operable Unit D, the location of the sawmill sorter and planer #2
  - Operable Unit D, a wedge of land at the south end of the Mill Site
- NEW 9/26 Arcadis Off-Site Sources Memo, dated June 12, 2009. The primary focus of this study was to locate potential sources of groundwater contamination by volitile organic compounds from up-gradient businesses that used them
- DTSC Former Georgia-Pacific Mill Site Update: Next Steps at Operable Units C, D, and E - January 2012
- Kennedy/Jenks Feasibility Study Operable Unit E - May 19, 2017, with many maps of toxic sampling (30mb file)
- DTSC Community Update: Former Georgia Pacific Mill Site Updates on Cleanup Progress and Feasibility Study - May 2018
- Final Feasibility Study Operable Unit E September 12, 2019. Prepared by Kennedy/Jenks Consultants, lists considerations, criteria and alternative actions for addressing and remediating Ponds 1-8.
- DRAFT Remedial Action Plan Operable Unit E October 14, 2020. The current plan under consideration by the City of Fort Bragg, this will not be finalized until a CEQA process and an EIR are accepted by the City of Fort Bragg, plus the required Public Comment period for the DTSC.
- FIRST AMENDMENT TO SITE INVESTIGATION AND REMEDIATION ORDER, GEORGIA-PACIFIC WOOD PRODUCTS FACILITY, June 9, 2022.
- Mendocino Railway Permit Application for work to address the California Division of Safety of Dams (DSOD) requirements for the Mill Pond Dam and Pond 8, June 24, 2022. Filed with the City of Fort Bragg July 12, 2022
- Supplemental Site Investigation Work Plan, Former AST AOI and MES/Pilot Study AOI, dated August 11, 2022. Kennedy-Jenks plan for investigating in-ground contamination in the area of the Above Ground Storage Tanks (AST) and the Machine Equipment Shop (MES), adjacent to the Skunk Train facility.
  - DTSC approval for AST/MES study with additional requirement, dated October 6, 2022
  - Mendocino Railway acknowledgment and inclusion of additional requirementdated November 21, 2022
- ESTIMATED OVERSIGHT COSTS – FISCAL YEAR 2022/2023, GEORGIA-PACIFIC SITE, 90 WEST REDWOOD AVENUE, FORT BRAGG, CALIFORNIA (SITE CODE:202276), dated September 29, 2022. Includes detailed accounting of costs and Gantt chart style timeline.
- Re: GEORGIA-PACIFIC, FORT BRAGG MILL SIITE, FORT BRAGG, CALIFORNIA (SITE CODE 202276), dated December 21, 2022. Letter to City of Fort Bragg recommending the City, as lead agency for the EIR for OU-E, consider "the alternatives found in Section 7: Development and Evaluation of Remedial Alternatives of the OU-E FS."
- GEORGIA-PACIFIC CORPORATION SITE, 90 WEST REDWOOD AVENUE, FORT BRAGG, CALIFORNIA,, OPERABLE UNIT E FEASIBILITY STUDY ADDENDUM 9SITE CODE 202276), dated December 27, 2022. Letter to Mendocino Railway, stating, "The Department of Toxic Substances Control (DTSC) has determined that the Operable Unit E Feasibility Study (OU-E FS) for the Georgia-Pacific Mill Site requires additional alternatives analysis in a Feasibility Study Addendum (FS Addendum)."
- City of Fort Bragg Request for Proposals: Environmental Impact Report Mill Pond Remediation Project, released October, 2022.
- PROPOSAL: ENVIRONMENTAL IMPACT REPORT — MILL POND REMEDIATION PROJECT, dated December 16, 2022. Environmental Engineering firm Dudek's proposal to carry out Mendocino Railway's Remedial Action Plan for the OU-E mill ponds.
- DTSC Site Visit Report - Operable Units (OUs) C & D (Former Georgia-Pacific Mill Site, Fort Bragg, CA), February 13-14, 2023
- CHANGE OF DTSC PROJECT MANAGER FOR THE FORMER GEORGIA-PACIFIC CORPORATION SITE, dated May 16, 2023.
- GEORGIA PACIFIC MILL SITE OU-E MITIGATION MONITORING Year 5 Report, dated January, 2023
- City of Fort Bragg Request for Proposals: Environmental Impact Report — Operable Unit E Mill Pond Remediation Project, released June 29, 2023
- Monthly Status Reports
- NEW 9/26 Mendocino Railway Stormwater Letter to DTSC alleging that “a significant majority of the ppollutants (80 to 95 percent) entering Pond 8 via stormwater were contributed by drainage areas outside the Site.”, dated August 17, 2023
- NEW 9/26 Mendocino Railway's Request to Add Respondent (City of Fort Bragg) to Order, involving cleanup of Pond 8, dated September 6, 2023
- NEW 10/11 Mendocino Railway response to DTSC letter of December 27, 2022 requesting additional information regarding remediation plan for OU-E dated September 6, 2023. (DTSC letter of December 27, 2022 Here)

NOYO HEADLANDS DOCUMENT RESOURCE

City of Fort Bragg v. Mendocino Railway, Case Number 21CV00850

NOTICE OF REMOVAL, to transfer the Fort Bragg v. Mendocino Railway Superior Court case to Federal District Court, filed Mendocino Railway on October 20, 2022.

Mendocino Railway vs. California Coastal Commission and the City of Fort Bragg, filed August 9, 2022 in Federal District Court for Northern California in Eureka, California.

Mendocino Railway vs. Ainsworth et al, filed June 8, 2023 in United States Court of Appeals for the Ninth Circuit, San Francisco, California.

Mendocino Railway, Mike Hart and Chris Hart

Mendocino Railway Eminent Domain Cases

California Coastal Commission Filings and Correspondence

California Public Utilities Commission Decisions

Federal Railroad Authority and the Surface Transportation Board

Department of Toxic Substances Control (DTSC)

---- California Western Railway/Mendocino Railway Property — Skunk Train Facility ----

----------- Georgia Pacific/Koch Industries Mill Site -----------