WASHINGTON — The Surface Transportation board has granted the request for more mediation in the Amtrak Gulf Coast case — but not to delay its scheduled hearings on the matter. At least, not yet.
In a decision issued Wednesday evening, Nov. 2, the board calls for further mediation, to extend through Dec. 1, as requested by Amtrak, CSX Transportation, Norfolk Southern, and the Alabama State Port Authority. But it also notes there has already been substantial delay for prior rounds of mediation, and rules that “the public interest militates against further delay” of the hearings scheduled for Nov. 17-18, as well as the board’s planned Dec. 7 voting conference, as had been requested in the parties’ joint filing [see “Amtrak, freight railroads ask for still more mediation …,” Trains News Wire, Nov. 1, 2022].
However, the decision also offers the parties the opportunity to delay or cancel the two remaining days of hearings. By Nov. 10, each of the parties must submit a statement signed by its CEO saying substantial progress has been made toward a settlement, and there is a substantial probability a settlement will be reached, the board “will entertain a motion to cancel the hearing on Nov. 17 and 18.”
If they do not agree to cancel the remaining hearing dates, but the board determines they should be postponed, those hearings would be held Nov. 30 and Dec. 1. If all parties do not submit a signed statement, the hearing will be held Nov. 17 and 18, and unless the board is informed of a settlement, it will hold its voting conference as scheduled on Dec. 7.
The most recent of 11 days of hearings in the Gulf Coast case was held May 12 [see “Oberman: Gulf Coast litigants still need to fill in the blanks,” News Wire, May 13, 2022]. The board first ordered mediation on June 10 [see “STB grants Amtrak access …,” News Wire, June 11, 2022]. Since then, the parties have been granted extensions to the board-sponsored mediation in August, September, and October. The most recent extension had expired Oct. 25, after which the board issued its plans for the two days of hearings in November and a voting conference in December [see “More Gulf Coast STB hearings set …,” News Wire, Oct. 28, 2022].
What’s keeping Amtrak from building its own railroad?
To quote the “cable Guy” “GET ER DONE”
Take a drink for every time Amtrak, NS, CSX and the Mobile Port ask for more mediation time. I just hope that the STB can make a decision soon.