• STB likely to review deal on the merits as Republican concern grows
• Opponents of the merger have stepped up political ground game at White House, agencies

White House staff told a group of lobbyists opposing the merger of Norfolk Southern and Union Pacific that President Donald Trump has not made a final decision on the deal, a policy advisor opposing the deal who attended the meeting said.

The group of lobbyists met with White House Chief of Staff Susie Wiles as well as representatives from the vice president’s office, the Department of Energy, the Department of Agriculture, the Department of Labor and the National Economic Council, according to the policy advisor. Bloomberg previously reported that a meeting between the White House and opponents of the deal occurred in August.

During the meeting it was stated that President Trump “has not made a decision on this, he is neutral,” the policy advisor said.

An executive from a competing railroad told the group that it was discouraging how UP CEO Jim Vena continues to say publicly that the president supports the merger, the policy advisor said. At that comment, “Susie Wiles broke her poker face,” the policy advisor said. “She was not happy.”

“This is a matter for the STB [Surface Transportation Board], not the White House,” a White House official said in an email to this news service.

Fears of retaliation 

It was also expressed during the meeting that “the White House really needs to hear more from businesses and shippers,” the policy advisor said.

The groups explained that shippers who rely on the railroads fear retaliation from UP and NS if they speak up against the merger. The policy advisor said the government officials “appreciated” that difficulty.

Senator Tammy Baldwin (D-WI) also called on the STB to take threats of retaliation by UP seriously in a July letter. This news service has previously reported on shippers’ fears of retaliation.

“To be clear, accusations of retaliation are just more scare tactics from our opponents. We continue to engage constructively with the Board and all of our stakeholders to hear their concerns and share the benefits the combination will deliver,” a UP spokesperson said in an email.

UP customers who may support the merger “are telling us they are afraid of what BNSF and CPKC will do if they take a stand,” the UP spokesperson said. UP executive vice president of marketing and sales Kenny Rocker also alleged backlash from BNSF and CPKC in a 9 July blog post.

BNSF and CPKC disagreed with the accusations in emails to this news service.

“Such a suggestion about CPKC is another UP falsehood. Any suggestion that we are threatening our customers or any stakeholder is categorically untrue,” a spokesperson for CPKC said.

“The allegation runs contrary to BNSF’s culture and values. It’s disappointing to see UP continue their baseless claims and rhetoric to distract from the central question before them — how consolidating 50% of all U.S. rail freight in one company enhances competition and doesn’t raise affordability issues for rail customers and the American consumer,” a spokesperson for BNSF said.

Lobbying ground game heats up 

The transaction, which would merge two of the largest freight rail companies and create the first transcontinental railroad, is being reviewed by the STB. The US antitrust agencies have no jurisdiction over the deal due to the railroad antitrust exemption, but the Department of Justice (DOJ) is expected to submit comments as part of the STB review.

The STB’s Members will have the final say over whether the deal can close. But stakeholders have wondered to what extent political sway will determine that decision.

“[UP] came out of the gate very strong when it announced its intent to merge and they had a very strong political ground game that included a visit to the Oval Office,” an attorney involved with the opposition said.

Vena met with Trump at the Oval Office in September 2025. “UP has been selling that Oval Office visit as if it were an endorsement of the merger,” the attorney said.

Vena also donated to Trump’s White House ballroom last year but denied that the gift was related to the merger review.

UP and NS announced their proposed merger on 29 July 2025. Trump dismissed Board Member Robert E. Primus in August 2025. Primus was regarded as the most likely Member of the Board to oppose the deal due to his dissent in the CPKC decision, the attorney said.

Recently, UP made an appearance at the Republican Midterm Convention, according to a Bloomberg Government report.

Despite UP’s early lead, other stakeholders appear to have “caught up” when it comes to lobbying, the attorney said. “There has definitely been a political ground game on by all stakeholders on this, and I think the field is much more even now than it was when UP began this process,” this attorney said.

The opposition has focused their efforts on education and advocacy across several agencies, the policy advisor said. For example, the US Department of Transportation’s Federal Railroad Administration must submit comments concerning the safety of the proposed merger as part of the STB process and opponent groups are focused on educating that agency about their concerns, the policy advisor said.

On Capitol Hill, lobbying efforts opposing the merger have focused on Republican members, especially those who have signed letters opposing the deals, the policy advisor said.

A group of seven Republican attorneys general from Montana, Iowa, Kansas, Florida, South Dakota, North Dakota and Tennessee sent a letter to the STB on 1 September urging the Board to reject the merging parties’ application. Because railroads have an antitrust exemption, states do not have jurisdiction to challenge the deal themselves, the attorney said.

Concern among Republican lawmakers is helping to “give political cover to STB to continue to act independently and to continue to follow the process and the procedures as required,” the policy advisor said.

For their part, UP and NS seem to be focusing all their energy on the White House, “which is raising some eyebrows,” the policy advisor said. Some of the other agencies involved said they have not been visited by either merging railroad, the policy advisor said.

Hope for a merits-based decision

The STB on 18 September denied three motions urging the Board to dismiss the railroads’ application because they claimed that UP and NS had failed to present a prima facie case. The motions for summary denial were filed by BNSF, CSX, and a group of shipper associations.

“It was very clear that [the STB] was not making any judgment on the merits of the case, but rather because this is the first merger to be decided under … the post-2001 merger rule, the STB was exercising its discretion not to dismiss in this case because they wanted to have a more full development of the record,” said the attorney.

STB member Richard Kloster, the newest member sworn in on 5 June, expressed doubts about the railroads’ application in a concurring statement. “I believe that the filers have raised significant, compelling arguments in their motions that Applicants will need to address in detail,” Kloster wrote.

“I believe that there has been a lack of transparency and depth in the application. Applicants have submitted thousands of pages of documents, yet they do not offer a very robust plan for how they will address competitive concerns or mitigate potential harms,” Kloster wrote.

The attorney described Kloster’s concurring statement as “a warning” to UP.

Kloster’s statement could be interpreted as a “signal to shippers” that they should be prepared to submit comments and participate fully in the process and the hearings, the policy advisor said.

As the “new kid on the block,” it is possible that Kloster put a voice to what the other members have been thinking all along but could not say aloud for political reasons, the policy advisor said.

“I think there is definitely a recognition and an allowance being made for STB to act independently and to have its procedure move as it needs to move consistent with the new requirements,” the policy advisor said.

The denial of the summary motions means the STB process will continue on its scheduled timeline. The deadline for interested parties to file a notice that they wish to participate in the proceeding is 30 September. Comments are due on 18 November.

“The facts are clear: this merger will deliver substantial, measurable benefits-shifting an estimated 2.1 million truckloads from road to rail annually, saving shippers USD 3.5bn that can be passed on to consumers, and creating approximately 1,200 new union jobs. We have reinforced these benefits with unprecedented voluntary commitments that provide robust protections and guarantee significant public benefits. The opposition is simply afraid to compete against a single-line railroad that can deliver customers’ goods safer, faster and more reliably coast to coast,” the spokesperson for UP said in a statement.

A spokesperson for NS added that “500+ shippers spanning nearly every segment of America’s supply chain have formally voiced their support for the merger.”

“Throughout this process, we have been very clear in our position. We have encouraged rail customers and all stakeholders to get involved and make their voices heard. As we have also repeatedly said, it is every stakeholder’s individual choice. What is really happening? A wide range of stakeholders across the economy and country are learning the facts and standing up to voice their opposition to this combination that would create a behemoth of a railroad,” a spokesperson for CPKC said.

A spokesperson for the STB said they cannot comment on matters pending before the Board.