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.
Mr McGuire, not everybody lives near an airport like you, there are people who live in smaller communities with little or no other transportation options. people who can’t fly, don’t want to fly, can’t afford to fly. The RR’s are a public utility therefore they are expected to serve the public with their infrastructure whether it be customers or the general public needs. They seem to benefit from all the upgrades they get from the public coffers to operate Amtrak trains for their infrastructure much of which is questionable as it appears to often exceed the needs of the service. No more Amtrak no more public subsidy for the RR’s as I see it.
Yes, Galen, I agree that there is a need for trains on routes or to communities where flying is not available or not sensible. Problem is, and we all know, Amtrak serves a tiny percent of that market and serves it very badly.
Spend a few hours at DEN Denver International Airport. It’s simply amazing the number and the variety of destinations. And the frequency. Compare either – the destinations or the frequency – to Amtrak at Denver. On these pages, we comment on multiple daily frequency as a necessary for people planning trips. Amtrak doesn’t have that and never will.
My most recent flight out of DEN, my seatmate had connected at DEN on a trip originating Lubbock, Texas, on his way home to Chicago’s NW suburbs. How is Amtrak doing in that market? I don’t know how far Lubbock is from an Amtrak station, but I do know that Amtrak serves west Texas tri-weekly.
It’s not the Fed’s responsibility to provide for people who don’t want to fly. That’s strictly a decision on their part. As for people who can’t afford to fly, it’s cheaper for government to provide partial subsidized bus services than longer distance rail. For people who can’t fly because of a physical disability, subsidized passenger rail service is appropriate but tickets should ideally be based on an ability to pay.
I’m OK with freight railways receiving additional tax breaks to add some parity with the breaks the trucking industry and inland waterway users are currently receiving. For sure, if the Feds are going to require them having 2 man crews, this needs to happen. Also, as I’ve stated over the years, having both conductor and engineer seems very outdated for longer runs. Both crew members should be qualified engineers with one designated as the lead engineer.
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.