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1/19/2026
BNSF Railway and CN praised the Surface Transportation Board's (STB) Jan. 16 unanimous decision that found the merger application filed by Union Pacific Railway and Norfolk Southern Railway to be incomplete.
The board determined that the UP-NS application, submitted Dec. 19, lacks certain information required by the board’s regulations. The decision was based solely on the incompleteness of the application and is not an indication of how the board might ultimately assess any future revised application, STB members said in a press release.
The decision directs UP and NS to file a letter in the docket by Feb. 17 indicating if and when they anticipate filing a revised application. The STB decision in its entirety can be read here.
BNSF and CN, which earlier this month asked the STB to require UP and NS to provide more detailed information about the merger, each issued reactions to the board's decision.
"We applaud the STB's decision to reject the UP/NS merger application based on the application lacking core information critical to determining the proposed merger’s impact on competition," BNSF officials said. "We also appreciate the STB’s willingness to consider the views of all stakeholders as part of the regulatory review process.”
CN officials stated the following: "This decision reinforces that a merger of this scale cannot be assessed on omissions or partial disclosure and must be evaluated on a full and transparent record, as required by the heightened standards under the new merger rules."
CN officials added that more information from UP and NS is necessary for the STB to determine whether the merger, which would create the first coast-to-coast transcontinental freight railroad, is in the public's best interests.
"CN looks forward to participating robustly once UP-NS have submitted a complete application and encourages customers to file their notices of intent to participate so they can stay informed and continue to participate in the STB’s process," they said.