Nine AGs say UP-NS merger would stifle competition

Attorneys general from nine states are calling on the Surface Transportation Board to consider their concerns that the proposed merger of Union Pacific Railroad and Norfolk Southern Railway would would stifle competition and could compromise national security.

In a Nov. 14 letter, the nine asked STB members to conduct a thorough and exacting review of the proposed deal when the board receives the railroads' merger application.

"It is vital that the STB determine how this merger will affect all stakeholders, including farmers, workers, consumers and manufacturers so that increased monopolistic power does not stifle innovation and productivity in industry, put inflationary pressure on household budgets, or otherwise throttle the economy as a whole with the costs of this merger," the letter states.

Under federal law, a merger can be approved only if it is consistent with public interest, the attorneys general added.

"No approval should be granted unless the merger clearly enhances competition, improves service for rail customers, preserves accountability and advances safety. A merger that fails to meet these standards would be inconsistent with President Trump’s executive orders aimed at promoting American prosperity," they wrote. All nine are Republicans. 

Meanwhile, the Rail Passengers Association (RPA) the Environmental Law & Policy Center, the Southern Rail Commission and Transportation for America last week submitted joint comments to the STB calling for the inclusion of “substantive filings” from nonparty stakeholders in its review of the merger. 

The four organizations emphasized the unprecedented scale of the transaction and urged the board to ensure robust public participation in its review, according to a press release issued by RPA.

They noted that the UP and NS rail networks hosted 25 of 44 total Amtrak state-supported and long-distance routes, or 57% of Amtrak's network. Those 25 Amtrak routes carried more than 11.3 million passengers in 2024, or 63% of all Amtrak state-supported and long-distance ridership; and of the 69 routes selected by the Federal Railroad Administration to be part of its Corridor Identification and Development Program, 33 currently travel or would travel over UP or NS trackage — just short of 48%.

The organizations stressed that the merger could affect tens of millions of intercity and regional rail passengers, along with hundreds of communities across the country.

They called on the STB to clarify whether substantive filings from nonparty stakeholders will be accepted under the current procedural schedule, noting that the board’s regulations require consideration of both potential benefits and harms, including impacts on essential services.