The STB's decision on Friday institutes a proceeding for evaluating Amtrak's request, as well as sets a procedural schedule. The decision also appoints an administrative law judge to resolve initially all discovery disputes.
According to the procedural schedule, CSX, NS and Amtrak will be filing material to the agency by certain dates in October, November and December. By Dec. 16, the last date given, there will be a proposal on the hearing format.
"Amtrak thanks the Surface Transportation Board for its decision to dismiss CSX and NS' attempt to block Gulf Coast passenger rail service. This upholds Amtrak's right to petition the Board for rail access and sets a schedule for a transparent process that will produce an outcome by the end of this year," Amtrak said Friday.
"In the meantime, Amtrak is working with the Southern Rail Commission to take steps to begin to operate Gulf Coast Service as soon as possible next year," Amtrak said.
In response to the decision, CSX said, "CSX is evaluating the decision, but will plan to move forward with the schedule established by the STB."
Amtrak previously ran long-distance passenger service three days a week east of New Orleans, including the stretch between New Orleans and Mobile. But Hurricane Katrina in 2005 caused significant damage to the rail infrastructure, ending the service.
CSX and NS had wanted Amtrak to complete an operational impacts study that the three had started in January 2020. However, the study wasn't completed because Amtrak elected in January 2021 not to continue its involvement, contending that several past studies had already looked at the operational impacts and that public funding was at stake.
STB denied CSX's and NS' wish to deny Amtrak's request for a proceeding because the proceeding "is ripe for adjudication," plus Amtrak's application won't need environmental and historic reports as required by some applications seeking federal approval.
"For several years, Amtrak has sought to restore service in some manner on the Gulf Coast, and it is unclear how the parties will reach an agreement regarding service on the Gulf Coast without Board consideration of Amtrak's application," STB said.
The agency also said that Amtrak doesn't need to finish the January 2020 study. But the board will accept into the record any studies related to how freight rail operations would be impacted by Gulf Coast service.
By including more studies into the proceeding's record, as well as information from all the parties on what infrastructure might be needed to support Amtrak service, STB will be able to consider the concerns of Alabama groups and officials about how Amtrak service would affect operations at the port.
Friday's decision follows a request by the U.S. Department of Justice to take up the issue. Also, while Alabama officials have raised concerns about the restoration of Gulf Coast service, officials in Mississippi and Louisiana have been vocal in their support of Amtrak.
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