The Department of Justice (DOJ) filed a complaint against Norfolk Southern Corporation and Norfolk Southern Railway Company this week for allegedly repeatedly failing to give preference to Amtrak passenger trains over freight trains as statutorily required.
The complaint filed on July 30 aims to address and deter ongoing violations impacting Amtrak’s Crescent service.
“Americans should not experience travel delays because rail carriers break the law. Our action today alleges that Norfolk Southern violates federal law by failing to give the legally required preference to Amtrak passenger trains over freight trains,” said Attorney General Merrick Garland in a release. “The Justice Department will continue to protect travelers by ensuring that rail carriers fulfill their legal obligations.”
The complaint, filed in the United States District Court for the District of Columbia, seeks to enforce a requirement that “except in an emergency, intercity ... rail passenger transportation provided by or for Amtrak has preference over freight transportation in using a rail, line, junction, or crossing.”
According to the DOJ, Norfolk Southern has allegedly habitually failed to comply with this requirement, resulting in significant delays for Amtrak’s Crescent service, which operates daily between New York and New Orleans.
Norfolk Southern did not respond to a request for comment from The Epoch Times on the allegations lodged by the DOJ.
The DOJ detailed multiple instances where Norfolk Southern’s alleged actions have led to delays for Amtrak trains.
Examples included requiring Amtrak trains to pull into sidings to allow freight trains to pass, forcing Amtrak trains to follow slower freight trains, and blocking Amtrak’s access to passenger stations.
Such actions have led to substantial delays, significantly disrupting passenger schedules and undermining Amtrak’s operational efficiency, according to the complaint.
“Norfolk Southern’s preference violations lead to delays that disrupt U.S. consumers’ travel plans, causing them to miss important obligations or lose time that they had planned for work or personal commitments,” the complaint states.
It further notes that these delays have cascading effects across the Amtrak network, harming Amtrak’s reputation and making its passenger rail service less competitive.
In fiscal year 2022 alone, Amtrak trains on the Crescent Route experienced a total of 65,775 minutes of delay due to freight train interference, with the majority occurring on tracks controlled by Norfolk Southern, per the complaint.
This interference caused more than a thousand hours of delay for Amtrak passengers each year, the DOJ claimed. The DOJ emphasizes that such delays erode passenger trust in Amtrak and reduce the frequency with which consumers choose rail travel over alternative means of transportation.
U.S. Transportation Secretary Pete Buttigieg said in a press release that the agency “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.”
The DOJ seeks injunctive relief to ensure Norfolk Southern complies with the statutory requirement to give preference to Amtrak passenger trains.
