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First Page

69

Last Page

126

Abstract

While the Trump Administration’s “Infrastructure Week” initiative failed to address U.S. infrastructure needs, the Biden Administration’s Bipartisan Infrastructure Deal sent a whopping $66 billion to Amtrak to address funding shortfalls. However, the Biden-era bill is ‘weak’ in not adequately addressing Amtrak train delays on the freight railroads on which nearly all Amtrak trains run. The delays violate a federal statute providing Amtrak trains preference over freight trains on freight railroads’ tracks. The current scheme of addressing violations includes proceedings by the Surface Transportation Board and rare enforcement by the Department of Justice. A solution is to add a third option and allow Amtrak itself to sue the freight railroads in court to make them comply with the law. The Bipartisan Infrastructure Deal attempts to solve the delay problem by commanding the STB to hire more employees to oversee proceedings between Amtrak and freight railroads. Still, the pace of other STB proceedings, the STB’s structure, and judicial review of STB actions are all outmoded by Amtrak’s self-interest in asserting its right in court. Moreover, entrusting the Department of Justice to bring suit on behalf of Amtrak could prove inconsistent depending on the presidential administration and politics of the Department of Justice at any given time. Other alternatives to this scheme are expensive, wasteful, and unrealistic, given the fight to secure the funding in the Bipartisan Infrastructure Deal. Worldwide examples demonstrate how freight and passenger services can coexist, and given Amtrak services’ importance to many Americans, as well as the environmental and economic benefits of Amtrak, allowing Amtrak to enforce its preference is both achievable and important. Considering the ongoing delay issues, it is also arguably necessary to ensure the incoming $66 billion is put to good use. Without enshrining Amtrak with the power to enforce its preference, the high-priced Bipartisan Infrastructure Deal finds itself ‘missing the train.’

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