Senate questioning focuses on STB independence, merger review and partisan email
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Summary
Two nominees to the Surface Transportation Board, Richard Kloster and Michelle Schultz, said they would apply the law impartially on carrier mergers and service disputes if confirmed, while senators pressed both about agency independence and a partisan internal email.
Two nominees to the Surface Transportation Board, Richard Kloster and Michelle Schultz, told the Senate Commerce, Science, and Transportation Committee they would review merger and service matters impartially if confirmed but faced sustained questioning about agency independence and recent political interventions.
Committee members entered a bipartisan letter expressing concern about ‘‘mass consolidation’’ in the freight rail industry and asked how the STB would approach a likely and potentially monumental merger between Union Pacific and Norfolk Southern. Both nominees said they would review the evidentiary record, applicable law and agency precedent and that they would follow the STB’s post‑2001 merger procedures emphasizing competition.
Lawmakers also pressed nominees about political communications from STB leadership. Senators identified an email from STB Chair that they said blamed Democrats for the government shutdown and said the message risked politicizing an independent agency. Several senators noted the Hatch Act when characterizing the email as potentially problematic. Michelle Schultz said she had received and later reviewed the email and that she was ‘‘disappointed’’ by its partisan tone; she told senators she would decide matters ‘‘absent politics’’ and apply the law in a fair and impartial way.
Several senators raised the recent removal of STB member Robert Primus, who has filed litigation challenging his dismissal. Nominees declined to comment on pending litigation but were repeatedly asked to commit to exercising independent judgment rather than delivering outcomes directed by the White House. Both Kloster and Schultz said they would follow the law and the evidentiary record; Kloster emphasized he would be objective and independent if confirmed.
Senators also asked about concrete rail projects. The chair described a Texas–Mexico bridge and a related railroad project (Puerto Verde Bridge/Green Eagle Railroad) and asked whether the STB nominees would work to ensure fair consideration for the project; both replied they would do so.
No votes were taken at the hearing. Senators set deadlines for written questions and asked the nominees to respond to the committee record; additional review and written responses will determine whether nominees receive committee approval.
