What's Happening
Union Pacific (UP) and Norfolk Southern (NS) have filed a revised merger application with the Surface Transportation Board (STB) seeking approval to combine into a single transcontinental railroad. Although the STB accepted the application, the Board found it “unclear or underdeveloped” and “lack[ing] clarity and detail” in several critical areas and requested significant supplemental information from UP/NS.
In legal terms, this is called a “prima facie review.”
Merger applicants must carry their prima facie burden before the merger can be evaluated on the merits. For UP/NS, that means they must provide sufficient evidence supporting their claims about competition, public benefits, service, downstream consolidation, and remedies so the Board can apply its public interest test. CSX’s position is that they have not done so.
CSX, several customer associations, and other railroads have now each filed motions asking the STB to summarily deny the merger application on the grounds that UP/NS have not made a prima facie case under the “new” merger rules.
The Application Process
The STB is the federal agency charged with reviewing and deciding whether this merger should be approved. As part of its process, the STB considers input from customers and other stakeholders when evaluating whether a proposed transaction satisfies its rigorous regulatory standards. While industry associations and similar collective groups can be strong advocates, your voice as an individual shipper provides unique insight that is critical to the STB’s analysis.
CSX wants to be of service as shippers assess how the proposed merger between UP and NS would impact their business. We also want to ensure that our customers understand how their participation in the merger review process can help preserve fair competition in the rail industry. The opportunity to submit your concerns with the STB remains open and your views are critically important now.
What CSX Believes
CSX has carefully reviewed the revised application to assess what the proposed transaction could mean for shippers across the country and the long-term health of the rail network. Based on this review, CSX believes the proposed transaction would create an industry imbalance that would reduce viable options for shippers.
Today’s Class I rail industry in the US is competitively balanced, with two western railroads, two eastern railroads, and two Canadian railroads. The proposed transaction would replace that balance with a single transcontinental railroad competing against several regionally focused carriers – an outcome that would significantly narrow the competitive options available to shippers.
For our customers, this would mean fewer viable routing options and a rail system less equipped to serve the supply chain of the U.S. economy for years to come.
CSX has filed a motion for summary denial with the Board because we believe that the revised UP/NS application, together with the supplemental information, still lacks the critical evidence regarding enhanced competition and clear public interest that the STB’s rules require. Other organizations representing large sections of the American industrial economy and supply chain have filed similar motions.
CSX will continue to raise its concerns to the STB as the process moves forward. We encourage our customers and other affected stakeholders to do the same.
Stay Engaged, Stay Informed
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The STB’s review of the UP/NS merger may be the most consequential regulatory proceeding in the history of American freight rail. The decisions made here will shape the competitive landscape for decades.
The STB gives significant weight to the views of individual shippers when evaluating whether a merger is consistent with the public interest. We encourage you to participate in the STB process and make clear to regulators how this merger will directly affect your operations and business. Your voice matters, and now is the time to use it.
CSX will continue to share updates as the process develops. Stay engaged and check back here for guidance throughout the STB review.
– Steve Angel, CEO, CSX
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While we will issue our response after our thorough analysis of the application, CSX will continue to focus on our core priorities:
- Keeping our employees and communities safe.
- Delivering reliable rail service to all our customers.
- Unlocking value for shareholders.
- Investing in the best team in the rail industry.
Why You Should Care
The STB is required to assess whether this merger serves the public interest and enhances competition. That determination will be shaped significantly by what shippers, businesses, and stakeholders tell them.
The STB Provides a Forum that is Open to All Stakeholders
The STB welcomes all stakeholders — including rail customers, warehouse operators, terminal operators, unions, and the general public — to share their views on these types of issues, including potential concerns about rail competition and service. The STB takes such feedback into account before making a decision.
We have received inquiries from our customers on how they can be more involved in this process and have their voices heard.
Make Your Voice Heard
The STB gives significant weight to the views of individual shippers and customers when evaluating whether a merger is consistent with the public interest, and it is the primary audience for shippers to offer their concerns about the proposed transaction. Additionally, the Department of Justice has filed a notice of intent to participate in the merger review proceedings and presents another available forum for stakeholder comments.
There are three primary ways to make your voice heard:
FILE WITH THE STB
File a Notice of Intent to Participate (NOI) with the STB, which allows you to formally participate in the proceeding and receive copies of all filings on the docket, without requiring you to take any formal position. You may also submit a signed letter or formal comments describing your specific concerns.
File at: stb.gov/proceedings-actions/e-filing/formal-filings/ — Docket No. FD 36873
Note: Pleadings must be served on all parties of record; service can be made by email.
SPEAK WITH THE DOJ
Interested stakeholders can also provide comments on the proposed transaction to the Antitrust Division of the U.S. Department of Justice, which can be reached at don.amlin@usdoj.gov.
CONTACT THE STB'S RAIL CUSTOMER PUBLIC ASSISTANCE PROGRAM
The STB’s Rail Customer Public Assistance (RCPA) program is available to help rail customers with the regulatory process. The RCPA can be reached at 1-866-254-1792 (toll-free) or 202-245-0238.
Contact: rcpa@stb.gov | Form
Notice of Intent Filing Deadline - TBD
What Comes Next
Frequently Asked Questions
A Notice of Intent to Participate (NOI) is a brief submission to the Surface Transportation Board (STB) that provides public notice that you, your company, or your trade association may participate in the merger review proceeding before the STB. Filing an NOI preserves your ability to be heard as the STB evaluates the proposed Union Pacific (UP) and Norfolk Southern (NS) merger.
Any customer, shipper, trade association, or other stakeholder who may want to formally comment on the merger’s competitive impacts — or ask the STB to impose conditions if it approves the transaction — must first file an NOI. It is the gateway to full participation in the proceedings.
You will need to file your NOI directly with the STB using docket number FD 36873. There are two formats available — a less formal letter addressed to the Chief of Case Administration, or a more formal submission with a full case caption. Either version is acceptable. Both formats require confirmation that all parties of record have been served by email. Once filed, the email address associated with your NOI will receive all merger-related correspondence going forward. CSX is pleased to assist — contact us for detailed guidance on the process or help accessing the necessary resources.
The proceeding is currently in abeyance, and the STB has not established a current deadline for filing a Notice of Intent to Participate at this point. Stakeholders may file an NOI now to appear on the record. If the Board lifts the abeyance, it is expected to establish a procedural schedule with applicable deadlines.
Filing an NOI does not obligate you to take any further action. You will have the option to submit written comments, request conditions, or participate in any public hearing the STB schedules — but none of those steps are required simply by filing. You will also begin receiving electronic copies of all filings submitted in the proceeding, which will help you stay informed as the review progresses.
No. There is no filing fee for a Notice of Intent to Participate.
From the STB’s main page, click on “E-filings” and then “Formal Filings.” Before submitting, email a copy of your NOI to all parties of record on the service list. On the Formal Filings page, check the box confirming you have complied with the service requirement and click “Continue.” Enter the docket number — select “FD” for Finance Docket (it defaults to “AB”) and enter 36873 in the field to the right. Select “No Fee Required” for the filing fee. Enter your party information using your business address; if you have legal representation, your attorney may file on your behalf. Upload your NOI, check “Public,” confirm you understand the filing will be publicly available, and click “Submit Formal Filing.” You will receive a confirmation email from the STB. If you need assistance at any point, contact CSX or the STB’s RCPA office for additional support.
You are required to email your NOI to all current “parties of record” — meaning everyone who has already filed a notice in the proceeding. The service list with current email addresses is available through the STB’s website. Because assembling the list can be cumbersome, contact CSX when you are ready to file, and we will provide you with the most current email roster, which you can paste directly into the filing form.
Yes — and the sooner the better. Filing an NOI does not commit you to any position or further action. It simply preserves your ability to engage if and when you decide to. UP and NS are required to demonstrate that their merger enhances competition and serves the public interest. Assessing the full impact of the merger on your business may take time, and filing now ensures you have every option available to you as the proceeding unfolds.
Contact the STB’s Office of Section Case Administration at 202-245-0350. If your filing was posted to the STB’s website but you did not receive a confirmation, it may indicate a question about whether all parties of record were properly served — the same office can help resolve that as well.
As of August 5, 2026, the STB has received notices of intent to participate from nearly 300 entities. Voices from around the country are being heard — yours can too. View the full list here.
Stay In Touch
The window to act is short. If you have questions about the process, would like assistance with a filing, or prefer to share your concerns confidentially, please reach out. We are glad to work with you to ensure your voice is heard.
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