General
U.S. Accuses Norfolk Southern of Delaying Amtrak Trains
A complaint filed in federal court said Norfolk Southern had “regularly” failed to follow federal law requiring that it give preference to Amtrak passenger trains.
The Justice Department on Tuesday accused Norfolk Southern, one of the country’s largest freight railroad companies, of violating federal law by delaying Amtrak passenger trains along the route between New Orleans and New York.
In a complaint filed in U.S. District Court for the District of Columbia, the Justice Department said Norfolk Southern failed to give Amtrak passenger trains preference over freight trains, as it is required to do under federal law.
“Norfolk Southern regularly fails to do so, leading to widespread delays that harm and inconvenience train passengers, negatively affect Amtrak’s financial performance and impede passenger rail transportation,” the complaint said.
“Americans should not experience travel delays because rail carriers break the law,” Attorney General Merrick B. Garland said in a statement. “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.”
The complaint cites several instances when Norfolk Southern’s failure to prioritize passenger trains had led to notable delays. That included an episode on Jan. 1, when an Amtrak train, just 10 miles from New Orleans, was held for nearly an hour because Norfolk Southern dispatchers required it to follow a slow-moving freight train.
In another case, an Amtrak train was forced to wait over an hour while three freight trains passed.
Tom Crosson, a spokesman for Norfolk Southern, said in a statement that the company was “committed to complying with the law, working together and honoring our commitments.
“Over the past several months with Amtrak, we have focused on the on-time performance of the Crescent passenger train,” Mr. Crosson said. “We hope to resolve these concerns and continue to make progress together.”
Amtrak’s Crescent route starts in New Orleans and includes several stops along the service’s Northeast Corridor, according to a Federal Railroad Administration report. The Northeast Corridor is Amtrak’s most used — and lucrative — area that it operates. There are 11 stops that are considered part of Crescent route, including those between Washington, D.C., and New York Penn Station.
A Federal Railroad Administration report released this year said that the top cause for delays during the first quarter along the Crescent route was freight train interference. The report, which detailed the performance and quality of service on intercity passenger trains, said that interference accounted for 11,537 minutes in delays from Jan. 1 to March 31.
This is the latest legal challenge for Norfolk Southern, which has faced several lawsuits and investigations after one of its freight trains, carrying hazardous materials, derailed in February 2023 in East Palestine, Ohio. In an agreement this year with the U.S. Department of Justice and the Environmental Protection Agency, Norfolk Southern agreed to pay $310 million to settle claims and cover costs of the accident. The company also settled a class-action lawsuit filed by residents and business owners in the East Palestine area, agreeing to pay $600 million.
Peter Eavis contributed reporting.
