Passenger Trains > Court denies Amtrak a role in setting OTP standards

From Politico Morning Transport 9-13-16:

> “*NOPE: *The U.S. Court of Appeals for the D.C. Circuit denied DOT's
> request to reconsider a decision refusing Amtrak the power to co-write
> on-time performance standards with FRA...

http://go.politicoemail.com/?qs=942a56e62deca6305d040942a78da9adc2fe3f01b5f5b488a25a8373c0edd9c1
(Subscriber-only)

> "DOT's last resort is taking the case to the Supreme Court.”

------------------------------------------------------------

It may end here. I am hearing that among the reasons for the appointment of
Wick Moorman to replace Unsafe Joe Boardman was his good relations with the
freight railroads, and the Board's disapproval of Boardman's bullheaded, confrontational,
enemy-making approach to the on-time controversy.

With luck, change just might stand a chance.

GenePoon Wrote:
-------------------------------------------------------
> From Politico Morning Transport 9-13-16:
>
> > “*NOPE: *The U.S. Court of Appeals for the
> D.C. Circuit denied DOT's
> > request to reconsider a decision refusing Amtrak
> the power to co-write
> > on-time performance standards with FRA...
>
> http://go.politicoemail.com/?qs=942a56e62deca6305d
> 040942a78da9adc2fe3f01b5f5b488a25a8373c0edd9c1
> (Subscriber-only)
>
> > "DOT's last resort is taking the case to the
> Supreme Court.”
>
> --------------------------------------------------
> ----------
>
> It may end here. I am hearing that among the
> reasons for the appointment of
> Wick Moorman to replace Unsafe Joe Boardman was
> his good relations with the
> freight railroads, and the Board's disapproval of
> Boardman's bullheaded, confrontational,
> enemy-making approach to the on-time controversy.

Shorter headline: "Amtrak loses by winning." Yes, they "won" at the SCOTUS, only to have the metrics language fall (on other grounds) upon remand to the lower courts. Amtrak is now also saddled with the additional burden of having its murky public/private status tilted more decidely in the "public" direction thanks to the Supreme Court. Who knows what sort of future legal action against Amtrak will rest on the supreme court decision.

Paul Wilson
Arlington, VA



Edited 1 time(s). Last edit at 09/13/16 12:00 by Dcmcrider.

I know that there's a popular belief on TrainOrders that "Amtrak is a private company. Just like IBM or Apple".  The courts seem to be consistently clear that isn't true.

You can't claim to be a private company when it's in your interest, and a government agency when that's in your interest.  It doesn't work that way.  Lose the federal government license plates, appointment of the board by the feds, oversight by Congress, start paying state highway fuel taxes, submit to state regulations on labor rules, etc and maybe the "private company"  claim will make more sense

Yes, it's becoming increasing hard to explain how Amtrak can be a de facto "government agency" when it accesses the GSA motorpool, but can be "private" when it comes to shielding "proprietary" information from public scrutiny and resisting FOIA requests. And Amtrak sure does like to have it both ways. In the Lebron case it tried (and failed) to be treated as a private company for First Amendment purposes. In DOT v. AAR it tried (and succeeded) in being treated as a government entity for purposes of setting OTP standards. Any wild guesses about how it's going to play out the next time Amtrak's status comes before the Court? So far "private Amtrak" is 0 for 2.

Paul Wilson
Arlington, VA

I agree, when it comes to Amtrak's Ethics.. It really is a big ZERO.