WASHINGTON — Norfolk Southern and the Justice Department remain in settlement talks over the railroad’s handling of Amtrak’s Crescent.
The Justice Department hauled NS to federal court in July, contending that NS regularly fails to give the Crescent preference over freight trains, leading to delays that harm and inconvenience passengers, impede passenger rail transportation, and negatively affect Amtrak’s financial performance [see “Justice Department sues …,” Trains News Wire, July 30, 2024].
NS has sought to have the case dismissed or transferred to a federal court in Atlanta, where the railroad is based. In a filing earlier this month with the U.S. District Court for the District of Columbia, the Justice Department requested an extension of a deadline to respond to the railroad’s request to dismiss the case.
“Although the parties have not reached a settlement agreement, discussions between the parties remain ongoing. Recently the parties met in-person to discuss the action on April 7, 2025, after which settlement communications continued. The requested extension will facilitate these continued discussions,” Justice Department lawyers wrote in a May 5 court filing.
They are seeking an extension of the deadline until July 11 so that settlement talks can continue. NS lawyers consent to the Justice Department’s request for an extension of the deadline.
When asking for a dismissal in January, NS argued that the government was taking an “extreme” interpretation of passenger train right of preference.
NS says the Justice Department “complaint depends on the idea that freight railroads must totally clear their tracks for approaching Amtrak trains, the same way D.C.-area commuters must clear the road for the President’s motorcade—even if the result is a massive traffic jam.
“But ‘preference’ for passenger trains has never worked that way. Not in the decades before Congress codified it, and not in the half-century since,” NS argued.
It is only the second right of preference suit Justice has filed. A 1979 case against Southern Pacific for its handling of the Sunset Limited between New Orleans and Los Angeles was resolved without a federal court issuing a final decision.
The New York-New Orleans Crescent operates on NS-owned or managed track between Alexandria, Va., and New Orleans. In all, NS controls 1,140 of the Crescent’s 1,377 route-miles.
I think that NS should sue Amtrak for all of the delays that the passenger carrier causes due to its own incompetence and inefficiency. Afterall, the freight that is on NS’s trains has a value of millions of dollars; far greater than that of an old person going to visit the grandkids. Nobody riding Amtrak needs to get where they are going in hurry. If they did, then they would fly.
In this age of PSR, one would think that the Amtrak schedule would be accounted for If so, then Amtrak failing to meet it’s time slot would put that delay on Amtrak. I’ve not read anywhere if the Amtrak schedule is tied into PSR. That I believe would hold both sides accountable for delays.
What is preventing Amtrak from acquiring its own ROW, building its own trackage/infrastructure, and operating its own trains? Requiring freight trains to give precedence to Amtrak is like requiring a landlord to let their apartment building to be used as a crack house.
I’m sure Graham Claytor is turning over in his grave regarding the Crescent.
As a Southern Railway train in the 70’s, the Southern Crescent was Claytors pride and joy an he commented shortly after coming to Amtrak, and I’m paraphrasing, he still had a soft spot for Amtraks Crescent and kept an extra eye on its operation.
He would be outraged over flexible dining and the slow schedule the train is on now. He would be embarrassed at how the Southern Railway (now NS) has become a clown show as have all the Class 1’s. Alad
Can’t argue, Michael. Every point you post is valid. The counterargument (from the freight carriers, maybe or maybe not what I believe) is that this isn’t 1979 anymore. The rail system has changed. Times have changed. Freight traffic patterns have changed.
Freight railroads contend (with or without justification) that Amtrak reimbursement is below what it should be.
Agree with both of you,but hope DOJ sees their job as kicking both sides in the ass just a bit, for the public good. NS could do better if it came from the top – not high green all the way, but better, and Amtrak could put on a diner and have full meal service.