Norfolk Southern railroad has been causing chronic delays for Amtrak between New York and New Orleans by forcing the passenger trains to wait while its massive freight trains pass, the federal government said in a lawsuit filed Tuesday.
The Justice Department took the rare step of filing a lawsuit because it says Norfolk Southern is consistently violating the federal law that requires Amtrak's trains to get priority when they cross a freight railroad's tracks. Amtrak relies on tracks owned by one of the six major freight railroads across most of the country.
“Americans should not experience travel delays because rail carriers break the law,” Attorney General Merrick B. Garland said.
Jim Mathews, the head of the Rail Passengers Association, said the Justice Department has only intervened one other time since the law was established in 1973 despite many complaints about delays caused by freight railroads. Mathews said the chronic problems on Norfolk Southern can't be explained by severe weather or supply chain disruptions or other operational excuses.
Norfolk Southern spokesman Tom Crosson said the railroad is committed to complying with the law requiring passenger trains to get priority and helping expand passenger rail.
“Over the past several months with Amtrak, we have focused on the on-time performance of the Crescent passenger train,” Crosson said. “We hope to resolve these concerns and continue to make progress together.”
Only 24% of Amtrak's southbound trains running on Norfolk Southern's network reached their destinations on time last year, forcing most of the 266,000 passengers traveling the Crescent Route between New York and New Orleans to deal with delays, according to the lawsuit.
In one instance, an Amtrak train just 10 miles outside New Orleans was delayed for nearly an hour because Norfolk Southern forced it to travel behind a slow-moving freight train. In another, the railroad's dispatchers made an Amtrak train wait for three freight trains to pass.
Amtrak CEO Stephen Gardner said this lawsuit will help ensure that passengers arrive at their destinations on time.
“We appreciate that the U.S. Department of Justice is taking steps to enforce in federal court the long-standing federal law requiring that intercity passenger trains receive preference over freight traffic when we operate over shared rail lines,” Gardner said in a statement.
Often, there is no way for an Amtrak train to pass one of Norfolk Southern's trains because the railroad is running longer and longer freight trains that won't fit on one of its sidings along the main line. All the major freight railroads now regularly run trains that stretch more than 2 miles long.
“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,” Transportation Secretary Pete Buttigieg said.
Norfolk Southern is one of the nation's biggest freight railroads based in Atlanta that operates trains all across the eastern United States.
FILE - Passengers board an Amtrak train heading to New Orleans from Atlanta on Nov. 23, 2016. The federal government sued Norfolk Southern railroad on Tuesday, July 30, 2024, over chronic delays for Amtrak between New York and New Orleans. (AP Photo/David Goldman, File)
CINCINNATI (AP) — Rhamondre Stevenson rushed for 120 yards and a first-quarter touchdown, Joey Slye kicked three field goals and the New England Patriots won Jerod Mayo's debut as coach, beating the mistake-prone Cincinnati Bengals 16-10 on Sunday.
Quarterback Jacoby Brissett, who got the starting nod for the Patriots over first-round draft pick Drake Maye, was not exceptional, but he held onto the ball and kept the Patriots moving well enough against slow-starting Cincinnati.
The nine-year veteran directed a methodical 80-yard drive in the first quarter that included six first downs was capped by a 3-yard TD run by Stevenson.
The Bengals were simply bad in the first half.
Cincinnati went three-and-out on its first three possessions. Joe Burrow moved the Bengals into the red zone in the second quarter and came away with nothing.
On third-and-11 on the Patriots 15, Burrow connected with tight end Tanner Hudson at the 9-yard-line, but safety Kyle Dugger stripped the ball at the goal line and cornerback Marcus Jones ran it 17 yards the other way.
In the second half, Cincinnati's Charlie Jones fumbled away a punt, which led to a Patriots field goal. Then the Bengals came up a yard short on a fourth-down pass and turned the ball over.
Cincinnati finally got into the end zone near the end of the third quarter on Zack Moss' 5-yard run. Evan McPherson's 51-yard field goal cut New England's lead to 16-10.
The Bengals got the ball back with 2:56 left, did not get a first down and elected to punt. Stevenson rushed for two first downs and the Patriots ran out the clock.
Bengals receiver Ja'Marr Chase, whose participation was in doubt as he awaits an expected contract extension, had six catches for 62 yards. Burrow was 21 of 29 for 164 yards.
Brissett went 15 of 24 for 121 yards.
Patriots: Host Seattle next Sunday.
Bengals: At Kansas City next Sunday.
AP NFL: https://apnews.com/hub/NFL
New England Patriots safety Kyle Dugger (23) breaks up a pass intended for Cincinnati Bengals tight end Mike Gesicki (88) during the first half of an NFL football game, Sunday, Sept. 8, 2024, in Cincinnati. (AP Photo/Carolyn Kaster)
New England Patriots safety Kyle Dugger, right, breaks up a pass intended for Cincinnati Bengals tight end Mike Gesicki during the first half of an NFL football game, Sunday, Sept. 8, 2024, in Cincinnati. (AP Photo/Jeff Dean)
Cincinnati Bengals running back Zack Moss (31) scores on a 5-yard touchdown run during the second half of an NFL football game against the New England Patriots, Sunday, Sept. 8, 2024, in Cincinnati. (AP Photo/Jeff Dean)
Cincinnati Bengals running back Zack Moss (31) celebrates with teammates after scoring on a 5-yard touchdown run during the second half of an NFL football game against the New England Patriots, Sunday, Sept. 8, 2024, in Cincinnati. (AP Photo/Jeff Dean)
Cincinnati Bengals running back Zack Moss (31) celebrates after scoring on a 5-yard touchdown run during the second half of an NFL football game against the New England Patriots, Sunday, Sept. 8, 2024, in Cincinnati. (AP Photo/Jeff Dean)
Cincinnati Bengals running back Zack Moss (31) celebrates with teammate Orlando Brown Jr. (75) after scoring on a 5-yard touchdown run during the second half of an NFL football game against the New England Patriots, Sunday, Sept. 8, 2024, in Cincinnati. (AP Photo/Carolyn Kaster)
New England Patriots quarterback Jacoby Brissett (7) is hit by Cincinnati Bengals linebacker Logan Wilson (55) as he throws a pass during the second half of an NFL football game, Sunday, Sept. 8, 2024, in Cincinnati. (AP Photo/Carolyn Kaster)
New England Patriots quarterback Jacoby Brissett (7) passes over Cincinnati Bengals linebacker Logan Wilson (55) during the second half of an NFL football game, Sunday, Sept. 8, 2024, in Cincinnati. (AP Photo/Carolyn Kaster)
New England Patriots tight end Hunter Henry (85) celebrates in front of Cincinnati Bengals linebacker Germaine Pratt (57) after catching a pass for a first down during the second half of an NFL football game, Sunday, Sept. 8, 2024, in Cincinnati. (AP Photo/Jeff Dean)
New England Patriots head coach Jerod Mayo watches from the sideline during the second half of an NFL football game against the Cincinnati Bengals, Sunday, Sept. 8, 2024, in Cincinnati. (AP Photo/Carolyn Kaster)
New England Patriots running back Rhamondre Stevenson (38) scores on a 3-yard touchdown run during the first half of an NFL football game against the Cincinnati Bengals, Sunday, Sept. 8, 2024, in Cincinnati. (AP Photo/Jeff Dean)