President Donald Trump has made a significant move by firing one of the two Democratic members of the U.S. Surface Transportation Board, aiming to break a crucial 2-2 tie as the board prepares to evaluate the largest railroad merger ever proposed. This merger involves Union Pacific and Norfolk Southern, valued at $85 billion, and is set to reshape the landscape of freight railroads in the United States.
Board member Robert Primus announced on LinkedIn that he received an email from the White House on Wednesday night informing him of his termination. Primus had been serving on the board since his appointment by Trump during his first term. The absence created by Primus's firing allows Trump to potentially appoint two new Republican members to the board, although they will require Senate confirmation before taking their positions.
Primus was appointed Board Chairman last year by former President Joe Biden and made headlines for being the sole board member to oppose the acquisition of Kansas City Southern by Canadian Pacific two years earlier, an initiative that was ultimately approved. Following his initial appointment, Trump elevated board member Patrick Fuchs to the Chairman position after his election.
This action adds to the growing list of Trump’s firings involving members of independent agencies, including the National Transportation Safety Board, the Federal Reserve, the Equal Employment Opportunity Commission, and the Nuclear Regulatory Commission. These dismissals have raised questions regarding the independence and operational integrity of these regulatory bodies.
According to White House spokesman Kush Desai, Primus's removal was due to his lack of alignment with the President's "America First" agenda. Desai emphasized that the administration intends to nominate new, more qualified members to the Surface Transportation Board in due course. However, Primus characterized his firing as "deeply troubling and legally invalid." He informed that he would continue to serve until he is officially blocked and is contemplating legal action in response to his termination.
In a statement, Primus defended his record, asserting that he worked diligently to foster bipartisan trust and consistently rendered fair and impartial decisions. He expressed concern that the White House's actions could weaken the board and negatively impact the freight rail network, which may have downstream consequences for consumers and the broader economy.
The firing drew swift condemnation from the nation’s largest railroad union, SMART-TD, which represents conductors. The union criticized the justification for Primus's termination, claiming that calling his position "eliminated" was outrageous. According to the union, appointed bodies established under federal law should not be subject to abrupt changes driven by powerful corporate interests. They labeled the action as unprecedented and unlawful in spirit, suggesting it reflects undue influence from hedge funds and major rail carriers.
With the Surface Transportation Board slated to review the proposed merger between Union Pacific and Norfolk Southern within the next two years, the stakes are high. This merger could result in the establishment of the nation’s first transcontinental railroad while reducing the number of major freight rail companies operating in the U.S. to just five, keeping the future of the freight rail system in the balance as the board prepares for its critical decision.
