Rail Passengers Statement on Complaint Against Norfolk Southern

For Immediate Release (24-7)
Contact: M. Ned Butler ([email protected])

Rail Passengers Statement on Justice Department Complaint Against Norfolk Southern

Washington, DC - The U.S. Department of Justice (DOJ) today filed a civil complaint against the Norfolk Southern Corporation in the U.S. District Court for the District of Columbia. The suit, being handled by attorneys in the Civil Division’s Consumer Protection Branch, alleges that Norfolk Southern’s treatment of Amtrak’s Crescent route between New York and New Orleans is in direct violation of the passenger railroad’s legal right to preferential dispatching.

Jim Mathews, Rail Passengers Association President and CEO, issued the following statement in response to today’s announcement:

“By law, Amtrak has the right to preferential dispatching for its trains, and has had this right since 1973. Unfortunately, Amtrak is entirely dependent on the DOJ for enforcement action of this right, which has only happened once before today, way back in 1979. That means tens of millions of American passengers have been waiting for decades for relief from these host railroad-caused delays. With that history in mind, Rail Passengers is extremely appreciative of the leadership shown by the Biden Administration, the DOJ, and the U.S. Department of Transportation for taking action to protect the legal rights of passengers to quality, on-time service.

“Dispatching Amtrak trains so that they are late more than 80 percent of the time—month after month, year after year—cannot be explained by bad weather, or supply chain disruptions, or any other operational vagaries. This is especially true now that the trains’ schedules have been certified by both the host railroad and by Amtrak. We encourage the U.S. District Court for the District of Columbia to move forward with all due haste.”

According to Amtrak’s Host Railroad Report from June 2024, Norfolk Southern owned freight trains were directly responsible for over 1,500 minutes of delays for every 10,000 train miles. Overall, on-time performance for the Crescent in 2023 was at 57 percent, well below the 80 percent threshold set by the Surface Transportation Board.

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About the Rail Passengers Association

The Rail Passengers Association is the oldest and largest national organization serving as a voice for the more than 40 million rail passengers in the U.S. Our mission is to improve and expand conventional intercity and regional passenger train services, support higher speed rail initiatives, increase connectivity among all forms of transportation, and ensure safety for our country's trains and passengers. All of this makes communities safer, more accessible, and more productive, improving the lives of everyone who lives, works, and plays in towns all across America.