The US Justice Department has sued Norfolk Southern for violating federal law by delaying Amtrak passenger trains between New Orleans and New York.
The complaint was filed in the US District Court for the District of Columbia.
It alleges the freight railroad giant failed to give Amtrak passenger trains the legally required priority over freight trains.
The complaint 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.”
Attorney General Merrick B. Garland said: “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.”
The complaint includes specific instances where Norfolk Southern’s actions led to substantial delays.
For example, on January 1, an Amtrak train just 10 miles from New Orleans was held for nearly an hour because it was required to wait behind a slow-moving freight train.
In another case, an Amtrak train had to wait over an hour while three freight trains passed.
Stephen Gardner, Amtrak’s CEO, said: “We appreciate that the U.S. Department of Justice is taking steps to enforce in federal court the longstanding federal law requiring that intercity passenger trains receive preference over freight traffic when we operate over shared rail lines.
“This critical action by the D.O.J. will help ensure our customers arrive at their destinations on time.”
The Crescent route, which starts in New Orleans and includes stops along the Northeast Corridor, is a major part of Amtrak’s service.
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A recent Federal Railroad Administration report identified freight train interference as the leading cause of delays on this route.
It accounted for over 11,000 minutes of delay in the first quarter of the year.
This legal challenge adds to Norfolk Southern’s recent troubles.
The company has faced multiple lawsuits and investigations following a February 2023 derailment in East Palestine, Ohio, involving hazardous materials.
Norfolk Southern has since agreed to a $310 million settlement with the DOJ and the Environmental Protection Agency.
It also agreed to a $600 million settlement with residents and business owners in East Palestine.
