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members of the court, asked simply, “What about Amtrak is not governmental?” Arguing for AAR (freight rail), attorney Thomas Dupree responded that Congress, the president, and Amtrak itself have said specifically that Am- trak is not just another government agency. • Justice Anthony Kennedy wondered what


would happen if the government collaborated with auto manufacturer A, only to have other auto companies join in the agreement. “Why is this [situation] any different?” he rhetori- cally asked. It’s hard to imagine a final resolution down


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the road that won’t cause headaches for one or both sides. But the politician’s talent for creating the camel — i.e. a horse put together by a committee — is legendary. Don’t rule it out this time either.


Amtrak: Distress signals?


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Above, we have discussed the crisis that affects the overnight long distance trains throughout all America. At this juncture, we turn our attention to the passenger compa- ny’s other time bomb — the Northeast Cor- ridor, where Amtrak owns its own tracks and thus is not at the mercy of the freight rail- roads; just at the mercy of deferred mainte- nance and neglect that began with the advent of post-World War II advancement of the air- lines and the automobile, continued through the Penn Central era and has been continu- ously exacerbated by a lack of funding. A large looming crisis is the Hudson Riv-


er tunnels, where one track (of two) at a time may need to be taken out of service for re- pairs. If you think viable inter-city passenger service can survive the NEC’s being slashed in half right in the midst of the most populat-


ed stretch of trackage on what is already the most heavily-populated region of the country, then you can go back to sleep. When you wake up, you can “get a horse,” but sympathy will likely be reserved for those who were will- ing to exercise a citizen’s right to legitimate protest a convoluted “way to run a railroad.” Under that scenario, other forms of transpor- tation would — to put it mildly — be severely overloaded and less convenient. “Quality of life?” Fuggetaboutit, says this ex-


New Yorker, except that the sorry effects will be felt far beyond the boundaries of Gotham. The “clock is ticking” on the newly envi-


sioned Gateway project. Amtrak has warned about this time and time again — there is now a limit to the available time in which to avoid having to shut down or face the ultimate col- lapse of the nearly 105-year old original tun- nels beneath the Hudson River from New Jer- sey to New York’s Penn Station. Really, there is. No kidding! Either we bite the cannon or we face the ultimate: This is it!


Help!


Amtrak has created a new website outlining “critical infrastructure projects.” The compa- ny defines these as needs that must be met to meet the growing demand for passenger train service. In a more moderate, but unmistak- able tone of urgency, either these projects are undertaken in time, or the unthinkable will be upon us, warns the new web. “The NEC is a critical transportation artery


serving the Northeast’s cities and connecting the entire region with approximately 260 mil- lion passenger rail trips occurring every year on Amtrak and eight commuter railroads that operate over the line,” the new website


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