The U.S. Court of Appeals for the District of Columbia Circuit on Friday once again ruled that the Passenger Rail Investment and Improvement Act (PRIIA) of 2008 grants Amtrak unconstitutional regulatory authority because it requires the passenger railroad to develop performance metrics for its freight counterparts.
Under the law, Amtrak and the Federal Railroad Administration are required to craft performance metrics and standards as a way of enforcing Amtrak's statutory priority over other trains. However, since Congress designated Amtrak as a private corporation, the development of these standards represents an "unconstitutional delegation of legislative authority to a private entity," Judge Janice Brown wrote in the court's opinion.