Senators ask STB to scrutinize the merger closely
Late last week, Senators John Hoeven (R-N.D.) and Amy Klobuchar (D-Minn.) sent a joint letter to leadership at the Surface Transportation Board, naming Chairman Patrick Fuchs, Vice Chair Michelle Schultz and Member Karen Hedlund. The senators said they intend to closely scrutinize the proposed Class I merger of Union Pacific and Norfolk Southern and to require clear, demonstrable long-term gains in competition and tangible service improvements.
Lawmakers who co-signed the letter
The letter attracted bipartisan co-signers across several states. The senators listed as co-signers were
- Tim Sheehy (R-Mont.)
- Martin Heinrich (D-N.M.)
- Bill Cassidy (R-La.)
- Tina Smith (D-Minn.)
- Steve Daines (R-Mont.)
- Raphael Warnock (D-Ga.)
- Roger Marshall (R-Kan.)
- Patty Murray (D-Wash.)
- Mike Rounds (R-S.D.)
- Ruben Gallego (D-Ariz.)
- Roger Wicker (R-Miss.)
- Tammy Baldwin (D-Wisc.)
- Jim Banks (R-Ind.)
- Tammy Duckworth (D-Ill.)
- Joni Ernst (R-Iowa)
- Dick Durbin (D-Ill.)
Senators invoke the 2001 Major Rail Consolidation Procedures
The senators reminded the STB that its post-2001 Major Rail Consolidation Procedures were adopted to put heightened emphasis on whether Class I mergers enhance competition rather than merely preserve it. They noted this UP/NS transaction would be the first merger considered under those procedures and urged the Board to apply the heightened standards as intended.
Concerns about market share and risks to agriculture
In the letter lawmakers warned that a combined Union Pacific–Norfolk Southern could handle more than 40 percent of U.S. freight rail traffic and would form a transcontinental network spanning roughly 50,000 route miles across 43 states. They cautioned that service interruptions of that scale could have severe consequences for agricultural producers: time-sensitive harvest shipments could be delayed or spoiled, export windows missed, and access to global markets diminished.
Call to weigh agricultural impacts alongside competition mandates
The senators pressed the STB to consider how approval could affect the nation's farmers and ranchers as part of the agency’s mandate to preserve long-term competition and ensure efficient, economically viable rail service for shippers.
Freight Rail Customer Alliance opposes consolidation
Industry organizations have already registered opposition. In August the Freight Rail Customer Alliance, which represents a coalition of large trade associations and says its membership covers more than 3,500 electric utilities, agricultural, chemical and alternative fuel companies and their consumers, reiterated its long-standing objection to further rail consolidation.
FRCA argued that past consolidation produced higher rates, more fees and unreliable service. The group noted that at the time of the Staggers Rail Act of 1980 there were about 40 railroads; today there are six major carriers and four of those move roughly 90 percent of the nation's rail freight. FRCA spokesperson Ann Warner said railroads have lost market share to trucks over the last two decades but have still increased profits and reduced operating ratios, and that shippers have been pushed into contracts outside STB jurisdiction that offer little protection from poor service or rising fees. Warner also contended that efficiencies cited under Precision Scheduled Railroading have not been passed through to shippers but retained by rail companies and their shareholders.
Other trade groups registering opposition
Several other associations have publicly opposed the proposed merger, including the National Industrial Transportation League, the American Chemistry Council and the Alliance for Chemical Distribution.
How the STB rules affect shipper expectations
Under the 2001 merger rules—standards the senators stressed have not yet been applied—a Class I merger must demonstrably serve the public interest and produce enhanced competition to win approval. For many shippers that means stronger railroad-to-railroad competition rather than competition only with trucks, since trucking is not a practical alternative for many carload customers. FRCA emphasized that a transcontinental combination would need to increase competition for unit train shippers that typically rely on a single rail carrier for point-to-point moves.
Union Pacific argues the deal will improve single-line service
Union Pacific's CEO Jim Vena has argued that a merged UP/NS would create new single-line routes and broader access nationwide, making rail a more cost-effective option for more shippers. He said eliminating interchanges would speed deliveries, improve reliability, lower brake costs per mile and reduce customers’ inventory and equipment costs by shortening cycle times.
CPKC leader warns consolidation carries risk
Keith Creel, CEO of CPKC—the railroad formed from Canadian Pacific’s merger with Kansas City Southern approved by the STB in March 2023—told investors on a third-quarter earnings call that his company believes further consolidation is unnecessary and not in the best interest of the industry, shippers or the U.S. economy. Creel said CPKC will participate actively in the regulatory review to ensure the full facts are understood and warned that the proposed merger would create a single carrier responsible for about 40 percent of U.S. freight rail traffic. He noted the transaction is not a simple end-to-end deal, pointing to overlapping operations in markets such as Chicago, Memphis, St. Louis and New Orleans, and he cautioned that concentrating decision-making on that scale introduces unprecedented risk with wide supply-chain implications.
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