UP–NS Merger Application Update:
We wanted to provide an update on the proposed Union Pacific–Norfolk Southern merger application currently before the Surface Transportation Board (STB).
The STB rejected the carriers’ initial application on January 16, 2026, after determining it did not provide sufficient information required under the Board’s merger review rules. Union Pacific and Norfolk Southern submitted a revised application on April 30, 2026.
On May 28, 2026, the STB agreed to consider the revised filing but paused the proceedings and directed the carriers to provide additional information by July 27, 2026. As a result, the application remains incomplete and under review.
Recently, Union Pacific CEO Jim Vena suggested that the STB is statutorily required to close the record on the merger within 12 months of accepting the application and that the Board risks violating the law if it does not do so. That position overlooks an important fact: the delays in this proceeding have largely resulted from deficiencies in the carriers’ own application.
From the beginning, numerous parties raised concerns that the filing failed to satisfy the requirements of the STB’s 2001 merger rules. Rather than rejecting the application outright, the Board afforded Union Pacific and Norfolk Southern multiple opportunities to supplement and correct their filing. Even after additional information was submitted, the STB determined that further details were necessary before the application could proceed.
In other words, the delay was not created by the Board. The delay was created by applicants who have repeatedly been asked to provide information necessary to support their own proposal. The STB has already shown considerable flexibility by allowing Union Pacific and Norfolk Southern multiple opportunities to address deficiencies rather than dismissing the application altogether. To now argue that the time spent correcting those deficiencies should count against the Board’s review process is a remarkable position to take.
Rail mergers of this magnitude have lasting consequences for railroad workers, shippers, communities, competition, and service throughout the national rail network. The STB’s 2001 merger rules were adopted specifically because previous rail mergers created significant service disruptions and adverse impacts. If Union Pacific and Norfolk Southern seek approval for this transaction, the burden remains on them to submit an application that fully satisfies those standards.
