Ahead of crucial Mobile vote, Amtrak eyes dismissal of ongoing federal case over Gulf Coast rail

Amtrak has been before the U.S. Surface Transportation Board as part of a case against CSX and Norfolk Southern over the fate of passenger rail along the Gulf Coast for close to 3-1/2 years.

But the exhausting case, which also involves the Alabama State Port Authority, appears to be headed for a dismissal based on an agreement reached by all the parties in November 2022, that provides a framework for reviving Amtrak service between Mobile and New Orleans for the first time since 2005.

According to a joint status filing last week, the case is due for a dismissal Sept. 13.

Two issues remain, with one likely being resolved on Tuesday:

  • The Mobile City Council will vote Tuesday on three agreements required before a twice-daily Amtrak service between Mobile and New Orleans can commence. Funding, lease, and intergovernmental agreements are on the council’s docket, and each one requires a five-vote supermajority in order to pass. They are expected to be approved, though Councilman Ben Reynolds said last week not to rule out any last-minute amendments. The council meets at 10:30 a.m. at Government Plaza.
  • Utility relocations could be tricky, according to officials including Ray Lang, Amtrak’s vice-president of state-supported services. The process could involve three parties – Amtrak, the Federal Railroad Administration, and the Alabama State Historical Preservation Office.

Utility work

The only utility flags at the site of the future Amtrak platform in downtown Mobile, Ala., as taken on Monday, Aug. 5, 2024.John Sharp

The utility work looms as a potential wild card in determining when the Amtrak service can restart. If the council OK’s its agreements, as expected, it will allow Amtrak and CSX – which operates the freight line through Mobile – to proceed with the necessary capital improvements to get the rail line ready for passenger travel.

Amtrak will need to build a passenger rail platform in downtown Mobile, across Water Street from the Exploreum and adjacent to the Arthur R. Outlaw Mobile Convention Center.

According to the joint status report filed on Thursday, the original environmental evaluation “did not account for the work required to relocate the utilities because potential impacts to existing utilities were not known at the time.”

Candace Cooksey, a spokesperson with the City of Mobile, said the Mobile Area Water and Sewer System (MAWSS) will need some of its water lines relocated. Also, she said, the city has fiber optic lines and stormwater infrastructure that is likely to be affected.

There are also communication lines running throughout the property, but it is unclear which companies are affected. The only utility flags on the site are owned by MCI Inc., a now-defunct company that was purchased by Verizon Business in 2006.

Digging underground

If Amtrak determines the utility relocations require ground disturbance, Amtrak will be required to notify the FRA. And any significant below-ground changes will require additional consultation with the Alabama State Historical Preservation Office.

“The additional environmental review will affect the timing and construction for the restoration of passenger service,” the status report says.

Said Lang, “It’s part of the process. I think (the utilities) are not as deep as we thought, and it will add more time (to the preparations) but it’s in the plan.”

Austin Staton, spokesperson with CSX, said the freight operator plans to begin construction on a 3,000-foot track off the main line to accommodate the additional passenger trains. He said a construction timeline won’t be known until after the council votes on the agreements.

Staton said the FRA is reviewing utility relocation plans, which consists of an archaeological monitoring report to assist what kind of historic artifacts could be excavated.

Kathryn Shoupe, spokesperson with the Alabama Historical Commission, said the FRA will have a professional archaeologist monitor the initial excavations for the project, acknowledging that test excavations were not possible under an active freight railroad.

“The chances of finding anything intact are considered remote due to the depth of modern fill and limited depth of excavation required for this project,” Shoupe said. “That said, the FRA wanted to be extremely cautious in their approach due to the historical nature of the City of Mobile and the significant findings of the nearby I-10 bridge archeological excavations.”

The I-10 Mobile River Bridge Archaeology Project including 13 excavation sites in Mobile and two in Baldwin County and included the University of South Alabama Center for Archaeological Studies. The digging near the Wallace Tunnel began in 2014.

Archaeological evidence discovered within this site – which is not far from the proposed Amtrak site – included 2,000-year-old Native American pottery, artifacts from 18th century colonial occupations, and into the 1960s when I-10 was constructed.

“We appreciate their diligence in protecting Alabama’s historical resources,” Shoupe said.

Train’s return

The lack of clarity on how long excavation work might last creates an unknown on when Amtrak service will be restored.

Lang said last week he anticipates the service restored by spring 2025. He said any restoration of passenger rail in time for the Super Bowl – which will be played at the Caesars Superdome on Feb. 6, in New Orleans – is “too ambitious.”

It could be a quick turnaround between the announced starting date and when the trains will actually begin if immediate past practice illustrates future protocol.

Amtrak’s last state-supported route – the St. Paul, Minn.-to-Chicago Borealis – began operations on May 21, and only 10 days after Amtrak announced an official start date, according to reports.