Justice Department Files Complaint Against Norfolk Southern for Passenger Train Delays

Justice Department Accuses Norfolk Southern of Violating Federal Law

On Tuesday, the Justice Department took a significant step by filing a complaint against Norfolk Southern, one of the largest freight railroad companies in the United States. The complaint, lodged in the U.S. District Court for the District of Columbia, alleges that Norfolk Southern has repeatedly violated federal law by failing to prioritize Amtrak passenger trains along the critical corridor stretching from New Orleans to New York City.

According to the Justice Department, Norfolk Southern is obligated under federal law to grant preference to passenger trains over freight trains. However, the complaint indicates that the company consistently fails to adhere to this requirement, resulting in substantial delays that inconvenience passengers, adversely affect Amtrak’s financial performance, and disrupt the overall efficiency of passenger rail transport. “Norfolk Southern regularly fails to do so, leading to widespread delays that harm and inconvenience train passengers,” the complaint states.

In a statement regarding the allegations, Attorney General Merrick B. Garland emphasized the importance of timely travel for Americans. He stated, “Americans should not experience travel delays because rail carriers break the law.” The complaint highlights several specific instances where Norfolk Southern’s lack of prioritization has resulted in significant delays. Notably, on January 1, an Amtrak train, merely 10 miles from New Orleans, was delayed for nearly an hour as it was required to follow a slow-moving freight train due to Norfolk Southern dispatchers’ directives.

In another instance, an Amtrak train was forced to remain stationary for over an hour while waiting for three freight trains to pass. These delays have raised serious concerns about Norfolk Southern’s commitment to complying with federal regulations.

Tom Crosson, a spokesperson for Norfolk Southern, responded to the allegations, stating that the company is “committed to complying with the law, working together and honoring our commitments.” He further noted, “Over the past several months with Amtrak, we have focused on the on-time performance of the Crescent passenger train. We hope to resolve these concerns and continue to make progress together.”

Amtrak’s Crescent route, which originates in New Orleans, makes numerous stops throughout the Northeast Corridor, a region that is crucial for Amtrak’s operations, given its high usage and profitability. A report from the Federal Railroad Administration outlines that there are 11 key stops along the Crescent route, including major cities between Washington, D.C., and New York Penn Station.

Furthermore, a recent Federal Railroad Administration report highlighted that freight train interference was the primary cause of delays on the Crescent route during the first quarter of the year. This interference accounted for a staggering 11,537 minutes in delays from January 1 to March 31. This legal action represents another challenge for Norfolk Southern, which has been embroiled in various lawsuits and investigations since a freight train carrying hazardous materials derailed in East Palestine, Ohio, in February 2023.

Earlier this year, in an agreement with the U.S. Department of Justice and the Environmental Protection Agency, Norfolk Southern agreed to a substantial payment of $310 million to settle claims and cover costs associated with the incident. Additionally, the company settled a class-action lawsuit filed by residents and business owners affected by the derailment, agreeing to pay $600 million.

In summary, the ongoing issues surrounding Norfolk Southern’s operations underline the critical need for compliance with federal laws governing passenger rail services, ensuring that travelers can rely on timely and effective transportation.