Feds sue Norfolk Southern over delayed Crescent trains

(The Center Square) — The federal government has sued Atlanta-based Norfolk Southern, saying the company is violating federal law by delaying Amtrak's Crescent trains that operate between New York and New Orleans.

According to the U.S. Department of Justice, Norfolk Southern controls 1,140 miles of the Crescent's 1,377-mile-long route, which includes stops in Alabama, Delaware, Georgia, Maryland, Mississippi, New Jersey, North Carolina, Pennsylvania, South Carolina and Virginia.

"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," Secretary of Transportation Pete Buttigieg said in a Tuesday statement . "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."

To support their claim, federal officials pointed to several delays, including a nearly hour-long delay of the southbound Crescent on Jan. 1 when it was 10 miles from New Orleans. The feds also contend that the freight railroad "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."

"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," the company said in a statement to The Center Square. "We are 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," Norfolk Southern added. "We hope to resolve these concerns and continue to make progress together."

According to the lawsuit, the Rail Passenger Service Act, which Congress passed in 1970, "requires all rail carriers to grant Amtrak access to their rail lines and facilities so that Amtrak can provide passenger rail service." Additionally, the Amtrak Improvement Act, passed in 1973, requires host railroads that own or dispatch the tracks Amtrak uses to give the passenger railroad "preference over freight transportation in using a rail line, junction, or crossing," except in certain instances, such as an emergency.

Amtrak has long complained about railroads prioritizing their freight trains over passenger trains. In 2023, for example, at Amtrak's request, the Surface Transportation Board opened an investigation into the Sunset Limited's on-time performance between New Orleans, Louisiana, and Los Angeles; the case remains ongoing.

"We appreciate that the U.S. Department of Justice is taking steps to enforce in federal court the long-standing federal law requiring that intercity passenger trains receive preference over freight traffic when we operate over shared rail lines," Amtrak CEO Stephen Gardner said in a statement to The Center Square. "This critical action by the DOJ will help ensure our customers arrive at their destinations on time."

The feds filed the lawsuit in the U.S. District Court for the District of Columbia. It names both Norfolk Southern Corp. and its subsidiary Norfolk Southern Railway.

According to the suit, Amtrak owns about 3% of its 21,400 route miles, primarily limited to the Northeast Corridor.