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FEDS Take Legal Action Against Norfolk Southern For Amtrak Delays on New York to New Orleans Route

FEDS Take Legal Action Against Norfolk Southern For Amtrak Delays on New York to New Orleans Route

The federal government filed a lawsuit against Norfolk Southern, claiming that by postponing Amtrak’s Crescent trains, which run between New York and New Orleans, the corporation is breaking federal law. Norfolk Southern is situated in Atlanta.

The 1,377-mile Crescent route, which makes stops in Alabama, Delaware, Georgia, Maryland, Mississippi, New Jersey, North Carolina, Pennsylvania, South Carolina, and Virginia, is owned by Norfolk Southern, according to the U.S. Department of Justice.

Secretary of Transportation Pete Buttigieg said in a statement on Tuesday “For half a century, federal law has required freight rail companies to give Amtrak passenger rail service preference on their tracks — yet compliance with this important law has been uneven at best.”

“We will continue to engage the railroad industry and work with Amtrak to ensure that freight railroads comply with their legal obligations and that Amtrak customers are not subjected to unacceptable, unnecessary, and unlawful delays,” he added.

Federal officials used a number of delays, including one that lasted almost an hour on January 1 when the southbound Crescent was ten miles from New Orleans, to bolster their argument. Additionally, according to the federal government, Norfolk Southern “regularly operates freight trains on the Crescent Route that exceed the length of any siding that Norfolk Southern has built or maintained on that route.”

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Congress created the Rail Passenger Service Act in 1970, which, according to the lawsuit, “requires all rail carriers to grant Amtrak access to their rail lines and facilities so that Amtrak can provide passenger rail service.” Furthermore, host railroads who own or operate the rails used by Amtrak are required by the 1973 Amtrak Improvement Act to grant the passenger train “preference over freight transportation in using a rail line, junction, or crossing,” unless there are specific circumstances, such an emergency.

Railroads giving preference to their freight trains over passenger trains is a long-standing grievance of Amtrak. For instance, the Surface Transportation Board launched an investigation into Sunset Limited’s punctuality between New Orleans, Louisiana, and Los Angeles in 2023 at Amtrak’s request; the matter is still pending.

The action was filed by the federal government in the District of Columbia U.S. District Court. It mentions Norfolk Southern Railway, a division of Norfolk Southern Corp., as well.

Amtrak owns roughly 3% of its 21,400 route miles, which are mostly restricted to the Northeast Corridor, according to the lawsuit.

Source: The Center Square

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