The U.S. Department of Justice (DOJ) said Tuesday it has reached a settlement with Norfolk Southern Corp. and Norfolk Southern Railway Co. to resolve allegations that the railroad violated federal law by delaying Amtrak passenger trains on the Crescent Route in favor of freight traffic.
The settlement — which prompted the DOJ to dismiss its lawsuit against the railroad company — follows a lawsuit filed last year alleging that Norfolk Southern regularly failed to give Amtrak trains legal priority on its tracks, causing widespread passenger delays.
Federal law requires freight railroads that host Amtrak service to provide the passenger carrier preference over freight trains.
“Americans traveling by train are entitled to trips free from delays caused by railroads failing to give Amtrak preference over freight trains,” said Assistant Attorney General Brett Shumate of the DOJ’s Civil Division. “The settlement reached today, as well as Norfolk Southern’s improved performance on Amtrak’s Crescent Route, demonstrates the Department of Justice’s commitment to protecting everyday American train passengers.”
As part of the deal, Norfolk Southern must give Amtrak trains the highest priority on its Crescent Route; train employees on compliance; require supervisor approval for any dispatching decisions that do not give Amtrak preference; and provide records of delay incidents.
The railroad also agreed to help the DOJ investigate the root causes of any delays and to certify annually that it is meeting its legal obligations.
Amtrak welcomed the resolution, saying service has already improved since the case was filed.
“Amtrak appreciates the U.S. Department of Justice’s pursuit of this case and its efforts to reach a productive resolution with Norfolk Southern (NS),” the company said Sept. 9. “Since the case was filed, Amtrak’s performance on NS-hosted routes has shown measurable improvement.”
In fact, delays on Norfolk Southern-hosted routes have dropped 26 percent year-over-year, with freight train interference reduced by 42 percent, the company said.
On the Crescent Route specifically, delays attributed to Norfolk Southern fell 34 percent and freight interference dropped 53 percent, helping boost ridership by 2 percent, said Amtrak.
“Amtrak appreciates NS’s concrete steps to improve performance under its DOJ agreement,” the statement says. “We remain committed to working together to deliver a better experience for our passengers.”
The Crescent Route stretches 1,377 miles and serves 33 communities from Virginia to Louisiana, and in 2024 carried more than 300,000 passengers.
Norfolk Southern controls about 1,140 miles of the route and dispatches all trains along that segment.