The Land Transportation Board (STB) accepted for consideration the revised merger application between Union Pacific (UP) and Norfolk Southern (NS) and ordered the applicants to submit supplemental information by July 27.
“The STB considers that the applicants have provided sufficient information to meet the integrity requirements for a major merger application. Given the rather limited procedural issue of integrity, the issues raised by the commentators do not justify rejecting the revised application,” the agency stated.
This follows the unanimous decision of January 16, which determined that the applicants’ original application was incomplete, as it did not contain certain information required by STB regulations, so the applicants submitted a revised application on April 30, 2026, taking into account public comments on the integrity of the revised application.
However, the agency indicated that there are several aspects of the revised application that are unclear or underdeveloped and require supplementation at this stage of the procedure so that it has the necessary information to thoroughly assess—and the public has an adequate opportunity to comment—whether the transaction is in the public interest.
In this regard, applicants must submit supplementary information on enhanced competition, public benefits, service guarantee plan, market share projections, subsequent impacts of mergers, among others.
“As a result, the decision suspends the proceedings, including the environmental review, pending the applicants’ submissions and supplementary information from the STB. The suspension of the procedural timetable does not affect the remainder of the process. In a future decision, the agency will establish an appropriate procedural timetable for the rest of the proceedings,” it stated.
The STB noted that the current main merger rules established a modernized framework and introduced new requirements aimed at improving competition, integrity in profit estimates, service assurance and potential downstream effects.
“The rules also expanded the STB’s public interest inquiry and underscored the importance of assessing the impacts of a merger on short-line railways, ports, employees, communities, and other stakeholders who rely on a safe, efficient, and competitive rail network. In this context, the decision explains that, in examining the substance of the revised application, it will not initiate a procedural timetable that would, in effect, place an undue burden on the commenting parties. Initiating the process before key information is fully developed and submitted would require the board and the commenting parties to assess and respond to complex aspects of the proposed merger without the clarity and detail necessary to evaluate how the proposed merger aligns with the current regulatory framework,” it emphasized.
He specified that at least 12 in-person public meetings and several virtual meetings will be held , and a public project website, which will be updated throughout the EIS process, is available, as well as through the STB’s UP-NS Merger Resources page, to mention a few actions.
UP and NS celebrated the decision as an important step toward a revitalized and more competitive U.S. rail industry. The companies acknowledged STB’s request for additional information regarding its amended merger application.
“We are confident that this merger will offer more reliable and lower-cost transportation options for American businesses. We are presenting a comprehensive, data-driven application, backed by a detailed plan for a seamless integration. We look forward to the opportunity to show the facts and demonstrate the benefits for our customers, employees, and the United States,” said Jim Vena, CEO of Union Pacific.
Mark George, president and CEO of Norfolk Southern, said, “The added detail strengthened our analysis and improved the integration planning in our amended application. We are more confident than ever in the value this proposal will bring to all stakeholders and look forward to a thorough and transparent review.”
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