The Surface Transportation Board (STB) announced a unanimous decision Wednesday accepting for consideration the revised major merger application filed by Union Pacific (UP) and Norfolk Southern (NS). The Board also placed the proceedings, including the environmental review, in abeyance and ordered the applicants to submit supplemental information by July 27, 2026.
Application completeness and procedural hold
The Board’s January 16, 2026, decision had found the original merger application incomplete due to missing required information. After receiving a revised application on April 30, 2026, and reviewing public comments, the Board determined the revised filing meets the completeness requirements under its regulations.
Despite this, the Board identified several unclear or underdeveloped aspects in the revised application that require further detail. To ensure a thorough evaluation and provide the public adequate opportunity to comment, the Board paused the procedural schedule and environmental review until the supplemental information is submitted and reviewed.
Key areas for supplemental information
The Board’s modernized merger rules emphasize competitive enhancement, service assurance, and the impact on stakeholders such as shortline railroads, ports, employees, and communities. The supplemental information requested covers topics including enhanced competition, access for certain shippers, public benefits and diversion analysis, service assurance plans, gateway and car supply issues, market share projections, downstream merger impacts, passenger rail considerations, and supporting workpapers.
Environmental review process
Consistent with the National Environmental Policy Act (NEPA), the Board determined that preparing an Environmental Impact Statement (EIS) is appropriate for this transaction. The environmental review will include at least 12 in-person public meetings, several virtual meetings, and ongoing updates via the Board’s UP-NS Merger Resources Page.
The Board also plans to provide more detailed information at the Notice of Intent stage than in previous reviews and will waive certain procedural steps to streamline the process. Public participation remains a central component of the environmental review.
Ex parte communications and next steps
The Board denied a motion by the applicants to waive the prohibition on ex parte communications at this stage, citing concerns about complicating the record-building process. However, the Board may reconsider this as the record develops.
Applicants must submit the requested supplemental information by July 27, 2026. Following review, the Board will establish a procedural schedule for the remainder of the merger proceeding.
