Legal Challenge to STB Member’s Dismissal
A former Democratic member of the U.S. Surface Transportation Board has filed a lawsuit claiming his dismissal by President Donald Trump was illegal. Robert Primus, who had served on the board since 2001, was terminated on August 27 before the board could begin reviewing Union Pacific’s proposed $85 billion acquisition of Norfolk Southern.
Threat to Board Independence
Primus argued that his firing threatens the independence of the five-member STB, which Congress established 138 years ago to operate independently. “Our country’s supply chain demands that the board be independent and transparent,” Primus stated. “Failure to do so will negatively affect the network: railroads, shippers and rail labor alike, disrupting the supply chain and ultimately injecting instability into our nation’s economy.”
White House Response and Legal Grounds
The White House initially stated that Primus “did not align with the President’s America First agenda,” but offered no specific reason for the dismissal. Legal experts note that Congress specified STB members can only be removed for “inefficiency, neglect of duty or malfeasance in office.” Skye Perryman, President and CEO of Democracy Forward, emphasized that “Congress made clear when creating the Surface Transportation Board that the agency should be independent and above politics.”
Broader Pattern of Board Removals
This case follows a pattern of President Trump removing members from various independent agencies including the Federal Reserve, National Transportation Safety Board, Equal Employment Opportunity Commission and Nuclear Regulatory Commission. The firing broke a 2-2 partisan tie on the STB, allowing Trump to appoint two additional members.
Industry and Political Reactions
The dismissal drew immediate condemnation from every rail worker union, the Rail Passengers Association, and Democratic members of Congress. Democratic Senator Tammy Baldwin suggested the move appeared designed to stack the board to approve the Union Pacific merger. Since the firing, Trump has expressed support for the merger after meeting with Union Pacific’s CEO.
Primus’ Record and Background
Primus had served on the board since 2001 and was appointed chairman by former President Joe Biden last year. His term was scheduled to continue through 2027. He previously demonstrated independence by being the only board member to oppose Canadian Pacific’s acquisition of Kansas City Southern railroad over competition concerns. Additional context about this developing story can be found in the original coverage of this legal challenge.
