Law360, Washington (April 29, 2016, 5:02 PM EDT) -- The D.C. Circuit on Friday ruled that giving Amtrak the authority to set performance and scheduling standards along the nation’s passenger railways violates the constitutional due process rights of freight railroads using the same tracks, overturning a related law.
The circuit court found Amtrak and freight railroads are rivals competing for "scarce resources." (Credit: AP) As an entity with economic “skin in the game,” rather than a “presumptively disinterested” party, Amtrak being allowed to set scheduling and performance standards under the 2008 Passenger Rail Investment and Improvement Act is a violation of the due process rights of freight railroads — represented...
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