Amtrak’s STB Preference Win Tees Up Legal Challenges

Law360, New York (August 5, 2016, 1:47 PM EDT) -- The Surface Transportation Board’s recent decision confirming that Amtrak has the right of way over cargo traffic on the nation’s railways is a major win for the passenger railroad, but experts say it will set off even more battles with freight railroads concerning train delays on limited track.

In late July the STB withdrew a December policy statement that would have reinterpreted what it meant to give Amtrak “preference” — as in the right to run first on tracks mostly owned by freight rail giants — over other traffic. The STB’s policy statement had implied that the decades-old federal law blessing...

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