The Department of Justice (DOJ) has filed a complaint against Norfolk Southern Corp. and Norfolk Southern Railway Co. 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 affecting Amtrak’s Crescent service, a line that runs between New York City and New Orleans.
“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,” Attorney General Merrick Garland said in a statement. “The Justice Department will continue to protect travelers by ensuring that rail carriers fulfill their legal obligations.”
The complaint, filed in the U.S. 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 allegedly has failed habitually to comply with the requirement, resulting in significant delays for Amtrak’s Crescent service.
Norfolk Southern didn’t respond by publication time to a request by The Epoch Times for comment.
The DOJ detailed multiple instances in which 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 because of freight train interference, with the majority occurring on tracks controlled by Norfolk Southern, the complaint states.
That interference caused more than a thousand hours of delays 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.
The Transportation Department “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,” Secretary Pete Buttigieg said in a statement.
The DOJ seeks injunctive relief to ensure that Norfolk Southern complies with the statutory requirement to give preference to Amtrak passenger trains.
