Analysis

Amtrak Chases Priority Track After Regulatory Power Axed

Law360, New York (March 30, 2017, 4:46 PM EDT) -- The invalidation of performance metrics that Amtrak sets for other railroads that compete with it for track use won't send Congress or the Trump administration scrambling to fill the regulatory vacuum left by the rulings, experts say, as Amtrak jockeys for right of way on tracks.

The government's unsuccessful bid to preserve a federal statute allowing Amtrak to set performance and scheduling standards along the nation's passenger railways was thwarted when a Washington, D.C., federal judge on March 23 invalidated the most recent metrics on the books and made clear that the D.C. Circuit unequivocally struck down the statute as unconstitutional...

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