US sues Norfolk Southern to stop delays on Amtrak passenger route

By David Shepardson

WASHINGTON (Reuters) -The U.S. Justice Department filed a civil suit on Tuesday against Norfolk Southern alleging that the transport company is delaying passenger trains on Amtrak’s Crescent Route between New York City and New Orleans in violation of federal law.

The Biden administration has made boosting passenger rail service and high-speed rail project a top priority. Congress approved $66 billion in funding for rail projects as part of a massive infrastructure bill in 2021, with $22 billion dedicated to Amtrak and $36 billion made available for grants.

Norfolk Southern said it hopes to resolve concerns about delays on the route. "We are committed to complying with the law, working together, and honoring our commitments," the railroad said.

Amtrak wants to break even and double total ridership to 66 million by 2040. Its passenger numbers grew 45% from 2003 to 2019 to 32.3 million.

Amtrak said last year that half of the 46 states it serves have minimal service. Florida, Ohio and Arizona, the Mountain West and Gulf Coast are served by long distance trains that provide no more than one round trip a day.

The 1,377-mile passenger line stops at 33 towns and cities and Norfolk Southern controls 1,140 miles of rail line on the Crescent Route and handles dispatching for all trains along that segment, including freight trains it operates.

Amtrak CEO Stephen Gardner praised the Justice Department action saying it "will help ensure our customers arrive at their destinations on time."

The Justice Department said 266,000 passengers traveled on the Crescent Route last year and only 24% of southbound Crescent Route passenger trains traveling on Norfolk Southern-controlled track arrived at their destination on time.

Federal law requires Norfolk Southern to give Amtrak passenger trains preference over freight trains but the Justice Department said 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."

"Americans should not experience travel delays because rail carriers break the law,” said Attorney General Merrick Garland.

Transportation Secretary Pete Buttigieg said "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."

(Reporting by David Shepardson; Editing by Mark Porter and Aurora Ellis)