On July 22, 2026, the Surface Transportation Board (STB) announced a decision ordering Union Pacific (UP) and Norfolk Southern (NS) (together, the "Applicants") to redesignate as public certain employee data submitted to the Board with their revised major merger application.

"Applicants must redesignate the employee impact exhibits as public and file those documents with the Board by July 27, 2026. The Board also notes it is committed to ensuring that its proceedings remain open to meaningful participation by all interested persons, and Applicants may take the opportunity to address as appropriate any concerns about public participation as part of their supplemental responses," said the STB in a press release.

Since then, various shipper groups, the Canadian Pacific Kansas City (CPKC) railroad and the Burlington Northern Santa Fe (BNSF) railroad have stated the UP and NS have failed to provide enough information about the merger and its impact to enable the Board to find that it meets the statutory public-interest standard.

BNSF President and CEO Katie Farmer said, "We are continuing to review the additional information submitted at the request of the STB in regard to the proposed UP/NS merger. Despite UP and NS's fourth attempt to submit a complete application, the bottom line remains the same. UP and NS have not changed the core of their proposal that fails to demonstrate how combining two major railroads into a single carrier would preserve -- much less enhance -- competition as required by the STB's merger rules. The additional data submitted by UP does not change the fact that this would be an anti-competitive transaction between two financially healthy companies that will reduce competitive options and raise rates on rail customers, result in higher prices for consumers and thus do great harm to the American economy and broader supply chain." Here is a link to the BNSF statement: https://www.bnsf.com/….

John Brooks, executive vice-president and chief marketing officer, CPKC, said, "Although UP and NS have provided some new details about a handful of remedies they propose during a five-year oversight period, the submission does nothing to change the fundamental nature of their proposed merger or the harms it will cause to the customers and other stakeholders who rely on a competitive and well-functioning North American rail network.

"The UP-NS merger would extinguish the independence of two Class I rail competitors, reducing competition across the United States and increasing UP's already-extensive market power and leverage over customers, requiring the STB to implement a sprawling new regulatory framework to address competitive concerns through ongoing monitoring and enforcement. None of the short-term measures proposed by UP and NS come close to preserving benefits -- over the short and long run -- of today's industry structure, in which NS would retain its independence and its incentives to compete for business not just with UP, but with whichever interline partner best meets customer needs. Worse still, the proposed merger, if approved, likely would result in additional Class I mergers that would further diminish the competitive options available to American businesses." Here is a link to the press release: https://www.cpkcr.com/….

On Aug. 6, 2026, the Alliance for Chemical Distribution (ACD), American Chemistry Council (ACC), American Fuel & Petrochemical Manufacturers (AFPM), The Fertilizer Institute (TFI), and the National Industrial Transportation League (NITL) filed a joint motion asking the STB to deny the proposed UP-NS merger application. The groups argued the railroads have "failed to provide enough information about the merger and its impact to enable the Board to find it meets the statutory public-interest standard. This prima facie threshold is a preliminary screen based only on the sufficiency of the evidence UP and NS submitted in their application and supplemental filings, viewed in the most favorable light."

Chris Jahn, president and CEO of the American Chemistry Council, said, "Manufacturers are investing billions to onshore production in the United States and strengthen domestic supply chains. Those investments depend on reliable, competitive rail service. The applicants have failed to show how this merger would enhance competitive rail service or support the manufacturing renaissance taking place across the country. After reviewing everything the railroads have submitted, we believe they have failed to make their case, and the STB should deny their application."

Corey Rosenbusch, president and CEO of The Fertilizer Institute, said, "Fertilizer companies need dependable, timely, and cost-effective rail service to move essential crop nutrients across the country. So do America's farmers both for receiving those crop nutrients and for transporting their own products. The STB's rail merger rules require the applicants to show how the merger will serve the public interest; our review of their application shows it misses the mark for fertilizer providers and their farmer customers, and it risks the resilience of the agricultural supply chain." Here is the link to the full press release: https://www.americanchemistry.com/….

UP-NS PROMISE JOBS FOR LIFE

Union Pacific and Norfolk Southern made an unprecedented promise that every union employee with a job at the time of the merger will continue to have one. "The merger has the endorsement of several rail unions and is subject to STB review, which includes oversight of labor impacts. Existing labor agreements and statutory protections are designed to safeguard employees, while the combined network is positioned to support long-term workforce stability," said the UP-NS.

"We are putting that pledge in writing with International Association of Sheet Metal, Air, Rail and Transportation Workers -- Transportation Division (SMART-TD), American Train Dispatchers Association (ATDA), Brotherhood of Railway Carmen (BRC), International Brotherhood of Boilermakers (IBB), United Supervisors Council of America (USCA), and National Conference of Firemen & Oilers (NCFO) -- and continue to work with our remaining unions." Here is more information from UP-NS: https://www.up-nstranscontinental.com/….

Next up will be the STB lifting the abeyance placed on the merger proceedings May 28, 2026, and then issuing a formal procedural/review schedule. The STB will also begin the multi-month environmental review process required under the National Environmental Policy Act.

Mary Kennedy can be reached at mary.kennedy@dtn.com

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