NARP Wants High Court Review of Passenger Ruling

The Rail Passengers Association, the new name for the National Association of Railroad Passengers, and the Environmental Law & Policy Center have asked the U.S. Supreme Court to review an appeal court decision that reduced the authority of the Surface Transportation Board to set on-time standards for passenger trains.

In the petition, the groups content that without defined standards, freight will be systematically given preference over passenger trains, leading to chronic delays for long distance riders.

NARP is seeking to overturn the appeals court decision that applied a narrow interpretation of the Passenger Rail Investment and Improvement Act.

The case grew from a challenge to a section of that law by the Association of American Railroads that was first ruled upon by a Federal District Court for the District of Columbia.

“When the D.C. Circuit nullified Section 207 last year, it took away FRA’s power to develop on-time performance standards. Then the Eighth Circuit this summer interpreted Section 213 in a way that eviscerated the power of the Surface Transportation Board, which was the only agency left to carry out Congress’ assignment to improve on-time performance. The two courts’ moves together have left no agency remaining to fulfill Congress’ statutory mandate in PRIIA to enforce those standards,” said Jim Mathews, NARP president.

Matthews said these decisions have thwarted congressional intent in PRIIA and leaves passengers without any recourse.

The Eighth Circuit Court of Appeals rejected an STB interpretation that Section 213 of PRIIA, which created two separate “triggers,” each of which require the STB to investigate sub-standard on-time performance.

NARP noted that the AAR had in 2015 asked the STB to create the regulation that defined on-time performance.

NARP said that after the STB sided with passenger group, the railroad industry trade association challenged STB’s authority to regulate the issue.

“This fight has gone on long enough,” Mathews said. “For decades, rail passengers have been left waiting for freight trains to clear the rails. Even acts of Congress haven’t been able to budge them out of the way. We need the courts to now recognize and allow Congress’ goal to be carried out. The law creating Amtrak in the early 1970s codified a deal these railroads made with the American taxpayer: we’ll relieve you of your common-carrier responsibility for passenger service, and in exchange you’ll ensure those passenger trains get where they need to go on time. It has been a battle ever since.”

 

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