NFIB Small Business Legal Center Files Brief Opposing Amtrak Role in Setting Rail Regulations
www.NFIB.com
For Immediate Release
Kelly Hoffman 202-314-2054 or [email protected]
NFIB Small Business Legal Center Files Brief Opposing Amtrak Role in Setting Rail Regulations
WASHINGTON, D.C., September 30, 2014 — Karen Harned, Executive Director of NFIB’s Small Business Legal Center, made the following statement in response to NFIB’s amicus brief filing in DOT v. Association of American Railroads. In this case the Supreme Court will have to decide whether the Constitution permits Congress to task private entities with setting regulatory standards for an industry.
“Small business owners are the big losers when it comes to crony capitalism. That is why we are taking a stand in this case—making the case that the Constitution prevents Congress from giving a private entity the authority to regulate other businesses. Here Amtrak, created by an act of Congress but run as a for-profit corporation, operates on tracks owned almost entirely by freight railroad companies that are required to give Amtrak trains preference in using a rail line, junction, or crossing. If Amtrak trains are not given priority, freight railroads can be penalized by Amtrak. Amtrak has used this power to its own competitive advantage over other private entities. We are specifically concerned that, if the Supreme Court blesses this regulatory scheme, economic liberty will be threatened in other industries – opening the door for Congress to give other government-favored businesses—likely those with the greatest political clout—regulatory authority that could be used to the disadvantage of small business competitors.”
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The NFIB Small Business Legal Center is a 501(c)(3) organization created to protect the rights of America’s small business owners by providing advisory material on legal issues and by ensuring that the voice of small business is heard in the nation’s courts. The National Federation of Independent Business is the nation’s leading small business association, with offices in Washington, D.C. and all 50 state capitals
