It is time to defend the independence of the Surface Transportation Board
At a moment of historic decisions in the future of American railroads, the legitimacy and independence of the STB must be strengthened, not plunged into partisanship.
Solutionary Rail obtained this internal email from Surface Transportation Board Chair Patrick Fuchs to the nonpartisan staff of the STB. That staff clearly take their political independence, professionalism, and adjudicatory mission extremely seriously. So, someone was alarmed enough by the hints of partisanship his email contains to leak this communication.
STB Chair Fuchs’ email to the STB staff:
“President Trump opposes a government shutdown, and strongly supports the enactment of H.R. 5371, which is a clean Continuing Resolution to fund the government through November 21, and already passed the U.S. House of Representatives.
“Unfortunately, Democrats are blocking this Continuing Resolution in the U.S. Senate due to unrelated policy demands. If Congressional Democrats maintain their current posture and refuse to pass a clean Continuing Resolution to keep the government funded before midnight on September 30, 2025, federal appropriated funding will lapse.
“A funding lapse will result in certain government activities ceasing due to a lack of appropriated funding. In addition, designated pre-notified employees of this agency would be temporarily furloughed. P.L. 116-1 would apply.
“The agency has contingency plans in place for executing an orderly shutdown of activities that would be affected by any lapse in appropriations forced by Congressional Democrats. Further information about those plans will be distributed should a lapse occur.”
At first glance, and especially amidst the heightened partisan tensions, it reads as relatively bland. But, when one considers how uncharacteristic it is for Fuchs to express such views, and the inappropriateness of doing so with his nonpartisan staff, it raises the question of WHY?
Is he signalling to the White House that he’s part of the team?
Is he succumbing to pressure to fall in line?
Or, is he simply feeling liberated to embrace partisanship in this new climate?
If any of those explanations are true, how can Patrick Fuchs be trusted to remain independent in the highly consequential proceedings that will be triggered by the proposed Union Pacific/Norfolk Southern (UP/NS) merger?
Might the Union Pacific’s donation to the White House Ballroom, or UP’s CEO Vena’s friendship with Trump, or something else trigger a call from the White House to Fuchs with instructions to relax the standards for a merger, or simply go through the motions and give it the rubber stamp?
How does the STB retain even the semblance of independence, legitimacy, and its decisions survive future court challenges when the above questions are combined with the interference by the White House in illegally firing Board member Robert Primus without cause?
Fuchs’ email alone may seem like a relatively minor aberration, but all together - it is part of a crisis that needs addressing, and soon. The first step we can take is to call for Robert Primus’ reinstatement to his proper place on the Surface Transportation Board.
The UP/NS merger question is huge because it would consolidate even more railroad capacity in fewer hands at a time when shippers are already complaining about service and pricing power. The regulatory capture concerns you raise are spot on, especially when you consider how much influence these rail companies have through political donations and lobbying. An independnt STB is critical for evaluating whether this merger actually serves the public interest or just enhances Union Pacific's monopoly power in western markets. If the STB proces gets compromised by political pressure it could set a terrible precedent for future rail consolidation and infrastructure decisions.
In a world awash with CO2 which is trapping excess heat energy and raising surface temperatures it would be great to move more to efficient surface travel to keep aviation from growing disproportionately. Bravo for your work in concentrating on surface transportation!