If Sounder is paying BNSF for the use of the tracks, and BNSF is losing money hand over fist due to loss of freight traffic on the railway between Seattle and Everett, why on gods green earth wouldn't this crappy railroad erect their own retaining walls rather than constantly just move the dirt from the tracks to the ocean?
I mean really, I understand that there are morons that live on the sides of cliffs that have incorrect water run-off, and that no one will help them correct the issue, the least of which would be BNSF itself. So at the end of the day, why wouldn't BNSF simply safeguard their own investment with a really big investment in retaining walls along the railway? Retaining walls much like that along highways, complete with wailers and cement block would be a good start. OR they could certainly work with us along the tracks to reduce water run off, and what is running off, to direct appropriately. But nothing, absolutely nothing comes the high powered, unionized, jacks that run the railroad.
It should also be noted that if the dam railway would actually adhere to their own speed limits, much of the ground movement would be minimized in the first place. Sure they follow the speed limit of 25mph during the day, but at night? Forget it, its like a mad mans run out there, particularly in the summer.
Tired of spending money on mudslides BNSF, start fixing the problem proactively. Short of that Sounder should try to sue for services not delivered.