
Amtrak sought a preliminary injunction to compel Metro-North Railroad to allow use of shared tracks for non-passenger train movements while its lawsuit proceeds. The request covered operations in the Bronx, upstate New York, and Connecticut, including the New Haven Line and Hudson Line. The judge denied the petition after considering briefs, declarations, and oral arguments. Amtrak argued that Metro-North’s denial of access has caused cancellations and delays of passenger service and that Amtrak has guaranteed access under decades-old Hudson and New Haven agreements. Amtrak also said it could not run track geometry cars, test NextGen Acela trains, or reposition equipment for inspection and maintenance. Metro-North expressed satisfaction with the denial, and Amtrak said it will continue its case.
"A federal judge denied Amtrak’s request for a preliminary injunction forcing Metro-North Railroad to once again allow it to use tracks they share for non-passenger train movements. U.S. District Judge Jed Rakoff dismissed Amtrak's plea for the court to force Metro-North, which is part of the MTA, to give the federal rail service access to its tracks to run trains not carrying passengers in the Bronx, upstate, and Connecticut while its suit, filed last month, plays out."
"In their suit, Amtrak's attorneys argue the MTA's move to deny it access to tracks on both the New Haven Line (between New Rochelle in Westchester and New Haven, CT) and the Hudson Line (between New York City and Poughkeepsie) has already forced it to cancel and delay passenger train runs. It contends it has guaranteed access to both sections of track under its decades-old Hudson Agreement and New Haven Agreement with Metro-North."
"Specifically, the agency says it has not been able to run track geometry cars, which monitor track conditions; test new NextGen Acela trains; and reposition its equipment for inspection and maintenance. Friday's ruling was preliminary, the agency said. We will move forward with this case to ensure our customers receive the safety and reliability of our service they deserve and that Metro-North is putting at risk."
"Upon careful consideration of the briefs, the supportive declarations, and the arguments of counsel, the court hereby denies the petition, he wrote. In response to the ruling, MTA spokesperson Aaron Donovan said: We are pleased that the Court denied Amtrak's petition for an injunction."
Read at www.amny.com
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