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Writer's pictureStephen Wick

Justice Department Suing Norfolk Southern to End Amtrak Train Delays

Updated: Sep 16

Filed on July 30, the complaint asserts that federal regulations mandate Norfolk Southern to prioritize Amtrak passenger services.

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The U.S. government has lodged a civil lawsuit in the U.S. District Court for the District of Columbia against Norfolk Southern Corporation and its railway division, accusing them of violating federal law by delaying Amtrak's Crescent Route passenger trains.


The Crescent Route, a 1,377-mile service operated by Amtrak, connects New York City to New Orleans, stopping at 33 locations along the way. Norfolk Southern, which manages 1,140 miles of this route and oversees all train dispatching—including its own freight trains—has been cited in the complaint for regularly failing to prioritize passenger trains over freight. In 2023, only 24% of southbound Crescent Route trains on Norfolk Southern's tracks arrived on time.


“Americans should not experience travel delays because rail carriers break the law. Our action today alleges that Norfolk Southern violates federal law by failing to give the legally required preference to Amtrak passenger trains over freight trains,” said Attorney General Merrick B. Garland. “The Justice Department will continue to protect travelers by ensuring that rail carriers fulfill their legal obligations.”


Filed on July 30, the complaint asserts that federal regulations mandate Norfolk Southern to prioritize Amtrak passenger services. However, Norfolk Southern's alleged neglect of this requirement has led to significant delays, affecting passenger convenience, Amtrak’s finances, and overall rail service efficiency.


Specific instances detailed in the complaint include a January 1 delay where an Amtrak train had to wait behind a slow-moving freight train and another case where an Amtrak train was held for over an hour while three freight trains were given priority. Additionally, some freight trains on this route are so lengthy that they obstruct passenger trains from passing due to track constraints.


“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,” said U.S. Transportation Secretary Pete Buttigieg. “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.”






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