Association of American Railroads v. Department of Transportation
865 F. Supp. 2d 22
D.D.C.2012Background
- PRIIA §207 requires FRA and Amtrak to jointly develop metrics for Amtrak’s on-time performance; final Metrics and Standards published May 6, 2010.
- AAR represents Class I freight railroads owning tracks Amtrak uses and seeks to challenge §207 as unconstitutional delegation and due-process violation.
- Plaintiff alleges Amtrak’s private-party status taints rulemaking and harms railroads through Metrics and Standards.
- Lebron v. National Railroad Passenger Corp. governs Amtrak’s status for constitutional claims; Court will consider this in analysis.
- Court notes Amtrak is not government for purposes of some constitutional claims but remains government-controlled in practice; FRA/STB involvement and government ownership/financing indicate substantial government control.
- Court grants Defendants’ summary judgment on both issues and discusses Amtrak’s status and degree of control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §207’s delegation violates nondelegation principles. | AAR argues Amtrak’s private status cannot exercise legislative power. | Defendants contend government control over Metrics keeps delegation constitutional. | §207 passes nondelegation scrutiny. |
| Whether §207 violates due process by empowering an interested private party. | AAR contends Amtrak’s pecuniary incentives contaminate regulatory process. | Defendants argue Lebron makes Amtrak a governmental entity for individual-rights claims. | Amtrak is governmental for due-process purposes; claim fails. |
Key Cases Cited
- Lebron v. National Railroad Passenger Corp., 513 U.S. 374 (1995) (Amtrak government status for individual-rights claims; government controls Amtrak.)
- Totten v. Bombardier Corp., 380 F.3d 488 (D.C. Cir. 2004) (Amtrak government status for False Claims Act context.)
- Sunshine Anthracite Coal Co. v. Adkins, 310 U.S. 381 (1940) (upheld delegation where private action requires government action to be effective.)
- Pittston Co. v. United States, 368 F.3d 385 (4th Cir. 2004) (private entity with government enforcement; advisory role acceptable when ultimate decision rests with government.)
- United States v. Frame, 885 F.2d 1119 (3d Cir. 1989) (private group collecting funds with substantial government oversight upheld.)
- Carter Coal Co. v. United States, 298 U.S. 238 (1936) (delegation limits; government must retain power to enforce regulations.)