US DOJ settles with Norfolk Southern over Amtrak priority on the Crescent Route
The U.S. Department of Justice (DOJ) has settled and subsequently moved to dismiss its lawsuit against the Norfolk Southern Corporation and Norfolk Southern Railway Company (together, Norfolk Southern), resolving allegations that the company gave preference to freight trains instead of Amtrak passenger trains on Amtrak’s Crescent Route, a violation of federal law that grants Amtrak preference over freight trains.
As part of the settlement, Norfolk Southern agreed to provide all Amtrak trains the highest priority, train its employees to give priority to Amtrak trains, require supervisor approval for any dispatching decision that does not give priority to Amtrak trains in non-emergency situations and provide records regarding delays suffered by Amtrak trains traveling on the Crescent Route controlled by Norfolk Southern. Norfolk Southern has also pledged to assist the DOJ in determining the root cause of any delays to Amtrak Crescent Route trains. Norfolk Southern’s vice president of compliance will annually certify that Norfolk Southern is in compliance with the agreement and its obligations under the law to provide Amtrak trains preference.
“Americans traveling by train are entitled to trips free from delays caused by railroads failing to give Amtrak preference over freight trains,” said Justice Department Civil Division Assistant Attorney General Brett Shumate. “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.”
The Crescent Route, operated by Amtrak, is a 1,377-mile passenger line that stops at 33 cities and towns connecting rural areas in Virgina, North Carolina, South Carolina, Georgia, Mississippi, Alabama and Louisiana to each other and larger cities. Norfolk Southern controls 1,140 miles of rail line on the Crescent Route and handles dispatching for all trains along that segment. Approximately 304,000 passengers traveled on the Crescent Route during 2024 and year-over-year ridership has increased so far in 2025.
In a statement, Amtrak notes its appreciation for the DOJ’s action, citing improved performance on the route since the case was taken up.
“On the Crescent Route alone, Norfolk Southern-related delays are down 34% year-over-year, with freight train interference (FTI) reduced by 53%. Across all NS-hosted routes, delays decreased 26% and FTI dropped 42% year-over-year. Ridership on these routes also rose by 2%, reflecting growing customer confidence in service reliability,” The statement said. “Amtrak appreciates NS’ concrete steps to improve performance under its DOJ agreement. We remain committed to working together to deliver a better experience for our passengers.”
According to the complaint filed on July 30, 2024, federal law requires all rail carriers that contract with Amtrak to provide Amtrak passenger trains preference over freight trains. The complaint alleges that Norfolk Southern regularly failed to do so, leading to widespread delays to train passengers.
Since the DOJ filed its complaint, passengers traveling on the Crescent Route have experienced widespread improvements. From 2024 to 2025, the number of delay minutes incurred by Amtrak’s Crescent trains has declined by 53%.