When two massive companies like Union Pacific (UP) and Norfolk Southern (NS) ask for permission to reshape an entire industry, the burden should be on them to prove sustained competitive discipline. Thankfully, Pennsylvania Attorney General Dave Sunday understands what’s at stake. 

UP and NS have proposed an $85 billion rail merger which would give them control of nearly half the nation’s freight rail. For Pennsylvanian farmers, shippers and businesses, the potential lack of competition and loss of bargaining power could mean the difference between maintaining operations and closing their doors. For a sector that is made up of 49,053 farm families and supports one in 10 jobs across the state, it is critical to avoid a disruption of this magnitude.  

As a Cumberland and Dauphin County native, Sunday knows firsthand how large dairy, cattle and row crop industries contribute to the state economy. By joining other state attorneys general in the STB proceedings, Sunday is ensuring that the process will consider farmers, shippers and workers in every corner of the state. 

This representation matters when history has proven that, with blind acceptance, consolidation can result in failure. As they did with the companies’ initial application, the STB is not cutting corners. The first application was rejected, and now the STB has issued conditional acceptance of the companies’ revised application.

The ruling stated the revised application “lacks clarity and detail” and has significant deficiencies that are “concerning in their frequency and magnitude.” The STB explicitly cited the service disruptions, competitive concerns and other empty promises that can follow large rail mergers. For instance, the UP and NS merger promises 2.1 million truck-to-rail conversions, but the STB doesn’t think the companies have fully demonstrated that this claim is possible. 

That gap between promise and performance is precisely why the STB demanded more information. For a merger this consequential, vague promises aren’t enough. UP and NS need to provide the facts, data and operational detail necessary to demonstrate they’ll serve the public interest. 

These companies must first prove they can maintain competition and benefit the industry long term. Farmers, businesses and communities can’t merely rely on hope. 

Before this process moves forward, the STB requires that the UP and NS application include a thorough review of competitive effects, potential service impacts and environmental impacts to be considered complete. When the companies refile their application, Sunday’s advocacy will help ensure that Pennsylvania’s farmers receive the consideration and protection this merger demands. Our communities deserve nothing less.

Mike Firestine
Womelsdorf, PA