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Earlier this week, Sens. John Rockefeller (D-W.Va.), Frank Lautenberg (D-N.J.), John Thune (R-S.D.) and Kay Bailey Hutchison (R-Texas) sent a letter to their colleagues urging them to vote against the Railroad Antitrust Enforcement Act of 2009 (S. 146).

The four senators, who are Senate Commerce Committee leaders, believe S. 146 is a “piecemeal approach” that would treat railroads differently from other common carriers and make major changes to rail policies without regard to overall rail policy. Reforms in the bill are within the jurisdiction of the commerce committee, which is working with stakeholders to overhaul the Surface Transportation Board (STB), the senators wrote.

Introduced earlier this year by Sen. Herb Kohl (D-Wis.) and approved by the Senate Judiciary Committee in March, S. 146 would repeal railroads’ antitrust exemption; permit the U.S. Department of Justice and Federal Trade Commission to review mergers under antitrust law; ensure STB rulings and regulations conform to antitrust laws; and enable state attorneys general and private parties to sue for treble damages and pursue court orders to halt “anti-competitive” rail conduct.

The Association of American Railroads, which opposes S. 146, is leading a rail industry effort to contact senators and urge them to vote against the bill next week. A procedural vote is scheduled for June 2.