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Rail News: Federal Legislation & Regulation

CSX, NS ask STB to dismiss Amtrak case


CSX and Norfolk Southern Railway have asked the Surface Transportation Board (STB) to dismiss Amtrak's request that the board force the Class Is to allow for the operation of two daily trains between New Orleans and Mobile, Alabama, starting in 2022.

In a motion to dismiss filed with the STB on April 5, CSX and NS say Amtrak's application should be dismissed for three reasons:
• Amtrak asks the board to rule on a dispute that is not ripe because (1) CSX and NS have not refused Amtrak's proposed service — they've simply asked Amtrak to live up to the commitments it made to complete a joint rail traffic controller modeling study to determine the infrastructure that will be required to support such service, and (2) Amtrak lacks important state support to ensure success;
• Amtrak asks that the STB take major federal actions with significant environmental consequences, but Amtrak has not submitted an environmental and historic report; and
• Congress did not give Amtrak any cause of action that could support its demand for an "interim order" allowing Amtrak to enter other railroads' lines to perform preparations for new service before the STB decides whether the new service will be allowed.

The Class Is' full motion can be read here.

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