(1) I thought the ICC was abolished long ago?
(2) So, a practical question: Since NOL-ORL is only "suspended", what would the result be if the plan became to extend the CONO three days a week (in line with the old schedule)? I do not like that, but technically there's a (suspended due to track damage) 3x weekly train on those tracks...so I do have to sincerely ask if Amtrak couldn't just say "Well, I guess negotiations broke down...so we're going to be running the old 3x weekly schedule starting on Day X." The Sunset East did connect to the CONO and while the layover would be awkward I see no reason that the old Sunset East timetable couldn't just be slapped back into use (especially since the layover would be longer this time). Don't get me wrong, I like a daily train and I'd like to see a more efficient schedule, but in this specific case I think CSX has (albeit due to a management dispute) basically acted in bad faith.
Again, I've always been under the impression that Amtrak has had the ability to restore the Sunset East with relative ease and that if CSX refused to let them back on they probably wouldn't have much of a leg to stand on (else what's been the point of the fig leaf line on the map all these years)...the reluctance to restore the train was always Amtrak's reluctance, after all.