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A transition to public ownership could create millions of new jobs, curb planet-warming emissions, protect public health, and slash shipping costs.
In recent years, the United States' rail system has been in the headlines for all the wrong reasons.
In East Palestine, Ohio, a Norfolk Southern train carrying hazardous materials wrecked, sparking a public health crisis and national outcry. More rail workers have been killed on the job in notoriously unsafe conditions. Train after train has derailed.
Such disasters have come as no surprise to rail workers on the frontlines, who have long warned that the corporate-dominated U.S. system is a threat to public safety, employees, and the climate.
But a new report argues it doesn't have to be that way—and envisions an alternative: a publicly owned rail system that saves money, creates jobs, protects workers and the public, and aids the badly needed transition to a green transportation system.
"The structure of the railroad industry in the United States constitutes a massive and ongoing missed opportunity," wrote Kira McDonald, a fellow at the Climate and Community Institute and the lead author of "From Margins to Growth: The Economic Case for a Public Rail System," an analysis published Tuesday by the Public Rail Now campaign and Railroad Workers United.
"Freight service is in decline, and passenger service lags enormously behind international peers," McDonald continued. "Long-term trends of decreased freight service, decreased market share, and decreased employment have accelerated in recent years, particularly with the advent of precision-scheduled railroading (PSR) across most Class 1 railroads. In many ways, these are predictable consequences of how the industry is structured: as a set of massive, largely underregulated, regional duopolies."
"Public operation predominates among the most successful and intensely used rail systems internationally."
Just a handful of private companies control the majority of the U.S. freight rail network, leaving large swaths of the country with access to just one or two privatized railroads. The heavily concentrated rail industry's model of maintaining "supernormal profits" and delivering for shareholders by slashing investment, McDonald wrote, runs directly counter to public priorities, including expanded passenger service.
Amtrak, the United States' passenger rail corporation, is managed as a for-profit company and "runs passenger service on tracks that are typically owned by the private Class 1 railroads," McDonald observed. While private railroads are by law required to give preferential treatment to Amtrak's passenger trains over freight, "this has rarely been enforced," leading to often terrible performance.
Bringing the U.S. rail system under public ownership, the new report argues, would be transformational, allowing for greater investment in passenger and freight rail and thus helping to shift away from costly and heavily polluting on-road transportation.
The report estimates that under an ambitious reform scenario that entails a publicly owned high-speed passenger rail network and other major developments, the U.S. by 2050 "could save up to $400 billion annually on shipping costs; avert over $190 billion annually in averted public health, environmental, and fiscal costs; create 180,000 new jobs in the railroad sector; and create up to four million other new jobs throughout the economy through indirect economic effects."
Transforming the U.S. rail system is almost certainly a "climate necessity," McDonald argued, noting that "current plans to decarbonize transportation within the U.S., particularly on a timeline consistent with even 2°C of warming, are extremely tenuous, to the point of implausibility."
Massively shifting passenger and freight transport to rail could help the U.S. avoid the "equivalent to 2% of the world's remaining carbon budget to maintain a 50% chance of staying within 1.5°C of warming, as of 2023," McDonald wrote.
While the report does not detail precisely how U.S. railroads should be brought under public ownership, it notes that "a comparative
analysis of railroad institutions and international practices indicate the promise of public ownership, particularly when paired with
integrated public operation."
"Public operation predominates among the most successful and intensely used rail systems internationally," pointing to Switzerland, South Korea, and Germany as examples of countries with rail systems that are largely owned by the public.
Tommy Carden, associate director of the Green Locomotive Project at Warehouse Workers for Justice, said in a statement that the new report "clearly demonstrates that under public ownership, working Americans would benefit enormously."
"Class 1 railroads are hoarding wealth that could be used to invest in and expand the rail industry," said Carden. "We must continue to advocate for the massive amounts of infrastructure that rail electrification will require while also pushing for the adoption of low-emission locomotives built by union workers as we continue to work towards achieving full rail electrification."
Eric Basir, a union steward with the Amalgamated Transit Union Local 308, said he has witnessed firsthand "how private ownership of railroads is responsible for the destruction of our environment and good union jobs."
"It will only worsen," Basir added, "until the people who live in this country have control and accountability powers over the railroads."
Railword Workers United and a Brown University fellow on Monday published a white paper calling for the institution of a public rail system to replace America's corporate railroad giants.
The 110-page white paper, written by Brown University undergraduate Maddock Thomas and published as part of RWU's Public Rail Now campaign, argues that U.S. railroad corporations such as BNSF, Union Pacific, Norfolk Southern, and CSX have failed on safety, workers' rights, service, electrification, and expanding capacity to meet rising freight demand.
Instead of using profits to invest in critical infrastructure, the railroads have lined shareholder pockets with dividends and buybacks, Thomas wrote, advocating for a public system where that money could be spent to improve safety and decarbonize freight transport, among other goals.
Thomas M. Hanna, research director at the Democracy Collaborative, called for democratic, public ownership of railroads in a Public Rail Now statement.
"At a time when we need it most, our nation's rail system is in disarray," Hanna said. "Dominated by a small group of giant for-profit companies, it is imperiling the health and safety of workers and communities, providing poor service for customers, abandoning growth and development, and stalling the expansion of passenger rail services."
"These lands were given under a promise of providing a 'public highway' operated in the public interest, a deal that today's Class 1s have inherited along with their predecessors' easements... Perhaps it is time for Congress to retake control of our public rights-of-way."
The frequency of rail accidents rose by 28% between 2013 and 2022, which many critics attribute to the Precision Scheduled Railroading system that's become the industry standard. Thomas wrote that the system prioritizes "speed over safety."
Despite the alarming trend, the industry has lobbied against safety-minded legislation such as the Railway Accountability Act proposed by senators last year following a disastrous derailment in East Palestine, Ohio. The industry pushed against reforms strongly in the year after the disaster and that lobbying has continued in recent months, according toJacobin.
The current system has led to precarity and difficulty for railway workers. The number of jobs in the industry has gone down over the last 10 years, with nearly 30% of workers having been laid off since 2015, Thomas found. Railway workers also face tough conditions, with unpredictable schedules and forced overtime—some of the subjects of a 2022 labor dispute that ended with the controversial intervention of President Joe Biden.
The white paper emphasizes the underinvestment that private rail ownership has allowed. The U.S. Department of Transportation estimates that rail freight will nearly double by 2035. This growing demand has long been understood, but not acted on. A 2008 report commissioned by the Surface Transportation Board, a federal agency, found that the aforementioned major rail companies—called "Class 1" railroads—needed to spend $135 billion by 2035 to build up infrastructure to meet incoming demand.
They did not, the white paper says.
"Instead, the Class 1s spent $196 billion on buybacks and dividends for shareholders between 2010 and 2020," Thomas wrote.
Thomas presented a historical case for public rail. In the late 1800s, hundreds of millions of acres of public land, as well as other subsidies, were granted to railroad companies on the condition that their services benefited the public. Thomas wrote that the land grants were provided with the understanding that the railways would be like public highways, and that the federal government to this day "retains a reversionary interest of ownership and control" over the rights-of-way.
"There is a compelling case that every railroad that sits on a right-of-way granted from Congress merely possesses an easement over public land," he wrote. "Furthermore, Congress reserved the right to 'add to, alter, amend' the terms of its land grants. Ultimately, these lands were given under a promise of providing a 'public highway' operated in the public interest, a deal that today's Class 1s have inherited along with their predecessors' easements. One might argue that the Class 1s failed to live up to this deal and that perhaps it is time for Congress to retake control of our public rights-of-way."
"This appointment reads less like an oversight and more like a slap in the face to those who championed worker safety and stronger regulations," said Railroad Workers United.
Rail workers voiced outrage Thursday after U.S. President Joe Biden quietly nominated a former Trump administration official with a history of supporting deregulation to Amtrak's board of directors, a move that one alliance of unions called a "slap in the face."
Ronald Batory, who has ties to the rail industry, served as head of the Federal Railroad Administration (FRA) under former President Donald Trump, who aggressively slashed transport and rail safety regulations during his four years in office—laying the groundwork for disasters such as the East Palestine, Ohio crash.
The Associated Pressnotes that before serving at the FRA, Batory was president and chief operating officer of Conrail, "a service provider for the CSX and Norfolk Southern freight railroads." Norfolk Southern operated the train that derailed in East Palestine last year, spilling toxic chemicals and sparking a public health crisis.
In 2019, Batory faced backlash from rail unions for withdrawing a proposed rule aimed at establishing mandatory crew sizes on freight and passenger trains.
"President Donald Trump, [Department of Transportation] Secretary Elaine Chao, and FRA Administrator Ron Batory have taken sides, and it's with the railroads that want to eliminate operating crew members to the detriment of rail safety and to the detriment of the communities through which our members operate trains," SMART Transportation Division said at the time.
"Clearly, the railroad CEOs have their folks in power with President Trump and his administration," the union added. "This action should put an end to any thoughts that this president and this administration is supportive of railroad workers."
Earlier this month, Biden's FRA finalized a rule requiring two-person crews on trains with limited exceptions. The reform received praise from railway workers and their allies.
But an organization representing rail workers across the U.S. said Biden's decision to nominate Batory to the board of Amtrak—the nation's passenger railroad company—calls into question the president's commitment to worker and rail safety.
"Batory, renowned for his role in loosening rail safety regulations during a tenure that critics link to subsequent rail disasters like East Palestine, is now poised to shape Amtrak's future," Railroad Workers United (RWU) wrote on social media late Thursday. "Remember the 2022 rail workers' debacle? When labor unions hoped for Biden's support, and instead got a presidential shove to accept a contract that many felt skirted around their key demands? It's almost poetic then, how Biden's nomination of Batory seems to echo that same disregard."
"The message to labor seems clear: Loyalty and votes might get you a seat at the table, but don't count on staying there if bigger political machinations are at play," RWU added. "With Batory's track record, this appointment reads less like an oversight and more like a slap in the face to those who championed worker safety and stronger regulations. It's as if the administration is keen on maintaining a tradition—disappointing the very base that arguably played a pivotal role in securing their position. Let's brace ourselves for more 'strategic' decisions that may just reroute us back to the past, disregarding those who handle the daily grind on our railroads."
Well, it seems @POTUS has truly outdone himself this time, nominating Ronald L. Batory—yes, the deregulation aficionado from the Trump era—to the @Amtrak Board of Directors. https://t.co/dVMWEApL5D
— Railroad Workers United ✊ (@railroadworkers) May 3, 2024
Biden also nominated Elaine Marie Clegg, the CEO of Valley Regional Transit, to an Amtrak board position.
Clegg and Batory must be confirmed by the U.S. Senate.
Railway Age contributing editor Frank Wilner wrote Thursday that Batory could face a Democratic "hold" on his nomination in the Senate "given that many in rail labor are unhappy" with his withdrawal of the train crew rule during his tenure as FRA administrator.
Ross Grooters, a Brotherhood of Locomotive Engineers and Trainmen member and co-chair of RWU, said Thursday that Biden's nomination of Batory "is a betrayal of labor, arguably bigger than the 2022 contract dispute."