U.S. sues Norfolk Southern for delays on Amtrak Crescent route

The U.S. Department of Justice (DOJ) yesterday sued Norfolk Southern Railway (NS) for allegedly delaying passenger trains on Amtrak's Crescent route. NS controls 1,140 miles of the 1,377-mile route, which runs between New York City and New Orleans.

NS handles dispatching all trains along that segment, including the freight trains it operates. About 266,000 passengers traveled on the Crescent last year, but only 24% of southbound Crescent Route passenger trains traveling on NS-controlled track arrived at their destination on time, DOJ officials said in a press release.

Federal law requires NS to give Amtrak trains preference over freight trains. But the lawsuit alleges that NS regularly fails to do so, "leading to widespread delays that harm and inconvenience train passengers, negatively affect Amtrak’s financial performance, and impeding passenger rail transportation," DOJ officials said.

The complaint includes several examples of how NS' failure to give passenger trains the required preference causes many of these delays. For example, on Jan. 1, an Amtrak train 10 miles outside of New Orleans was delayed for nearly an hour when NS dispatchers required it to travel behind a slow-moving freight train.

“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 U.S. Attorney General Merrick Garland. “The Justice Department will continue to protect travelers by ensuring that rail carriers fulfill their legal obligations.”

Over the past several months, NS and Amtrak have focused on the the Crescent train's on-time performance "and we hope to resolve these concerns and continue to make progress together," NS spokesperson Tom Crosson said in an email.

"Thanks to our collaborative relationship with Amtrak and our state partners, Norfolk Southern has taken a leading role in the industry to expand passenger rail service," he said. "We are committed to complying with the law, working together and honoring our commitments."