Norfolk Southern Settlement Reached for Amtrak’s Crescent Route

The US Department of Justice (DOJ) and Norfolk Southern (NS) have reached a settlement resolving a lawsuit brought in July 2024 that accused the freight railroad of violating federal law by failing to give Amtrak passenger trains preference over freight traffic on the Crescent Route.

The complaint claimed Norfolk Southern had regularly allowed freight trains to impede Amtrak Crescent Route services, in violation of a federal requirement that freight railroads hosting Amtrak service provide preference to passenger trains.

The Crescent Route runs 1,377 miles between New York City and New Orleans, of which NS controls 1,140 miles, handling dispatching for that segment. The case argued that NS’s failure to prioritise Amtrak caused widespread delays, harming customers and Amtrak’s financial performance.

Under the settlement:

• Norfolk Southern agrees to give all Amtrak trains “highest priority” over freight in dispatch decisions
• Any dispatch decision that does not give Amtrak priority (in non-emergency situations) must receive supervisor approval
• NS will train its employees accordingly
• NS must provide records of delays suffered by Amtrak trains on the Crescent Route (in NS‐controlled sections) to the DOJ

Norfolk Southern’s Vice President of Compliance will annually certify that the company is complying with the agreement and with the legal obligation to give preference to Amtrak.

Following the agreement, the DOJ moved to dismiss the lawsuit.

Assistant Attorney General Brett Shumate of the Justice Department’s Civil Division said:

Americans travelling by train are entitled to trips free from delays caused by railroads failing to give Amtrak preference over freight trains. 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.

In an official statement, Amtrak noted that since the filing of the lawsuit, there have been measurable improvements:

• On the Crescent Route, NS-related delays are down 34% year-over-year
• Freight Train Interference (FTI) on the Crescent has fallen 53%
• Across all routes hosted by Norfolk Southern, delays are down 26%, and FTI is reduced by 42%
• Ridership on NS-hosted routes rose by 2%, which Amtrak interprets as a sign of increased passenger confidence in reliability

Amtrak stated:

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). Since the case was filed, Amtrak’s performance on NS-hosted routes has shown measurable improvement.

Amtrak appreciates NS’s concrete steps to improve performance under its DOJ agreement. We remain committed to working together to deliver a better experience for our passengers.

The “right of preference” statute has been in place since Amtrak’s establishment in the 1970s, requiring host freight railroads to give Amtrak trains priority over freight when operating on shared tracks. However, enforcement has historically been sporadic.

Last month, Amtrak also reached a settlement with Union Pacific concerning on-time performance for the Sunset Limited service.