Justice Department Files Complaint Against Norfolk Southern to Stop Amtrak Passenger Train Delays

The United States filed a civil complaint today in the U.S. District Court for the District of Columbia alleging that the Norfolk Southern Corporation and Norfolk Southern Railway Company (collectively, Norfolk Southern) delays passenger trains on Amtrak’s Crescent Route in violation of federal law.

The Crescent Route, operated by Amtrak (also known as the National Railroad Passenger Corporation), is a 1,377-mile passenger line that stops at 33 towns and cities between New York City and New Orleans. Norfolk Southern controls 1,140 miles of rail line on the Crescent Route and handles dispatching for all trains along that segment, including freight trains it operates. Approximately 266,000 passengers traveled on the Crescent Route during 2023. That year, only 24% of southbound Crescent Route passenger trains traveling on Norfolk Southern-controlled track arrived at their destination on time.

According to the complaint filed on July 30, federal law requires Norfolk Southern to give Amtrak passenger trains preference over freight trains. The complaint alleges that 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. The complaint includes several examples of how Norfolk Southern’s failure to give passenger trains the required preference causes many of these delays. For example, on Jan. 1, an Amtrak train 10 miles outside of New Orleans was delayed for nearly an hour when Norfolk Southern dispatchers required it to travel behind a slow-moving freight train. On another occasion, Norfolk Southern dispatchers forced an Amtrak train to wait over an hour while allowing three separate freight trains to pass. In many cases, Norfolk Southern runs freight trains along the Crescent Route that, due to track limitations, are so long they cannot move to the side for passenger trains to pass them.   

“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.” 

“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.”

Trial Attorneys Max Goldman, Amber Charles, and Pauline Stamatelos of the Civil Division’s Consumer Protection Branch are handling the case.

For more information about the Consumer Protection Branch and its enforcement efforts, visit www.justice.gov/civil/consumer-protection-branch.

A complaint is merely a set of allegations that the government would need to prove by a preponderance of the evidence if the case went to trial.