President Donald Trump illegally fired Surface Transportation Board member Robert Primus in August, according to a federal lawsuit filed Tuesday that claims the dismissal threatens the independence of the regulatory agency overseeing the nation’s largest proposed rail merger. The termination occurred just before the STB was set to review Union Pacific’s $85 billion acquisition of Norfolk Southern, which would create the first true transcontinental railroad. Primus, who had served on the board since 2001, alleges the White House provided no legitimate cause for his removal.
Legal Challenge to Presidential Authority
Robert Primus contends his August 27 dismissal violates the ICC Termination Act of 1995, which established that STB members can only be removed for “inefficiency, neglect of duty, or malfeasance in office.” The White House’s sole public explanation stated Primus “did not align with the President’s America First agenda,” a justification that legal experts say falls outside the statutory requirements. Democracy Forward President and CEO Skye Perryman, representing Primus, emphasized that “Congress made clear when creating the Surface Transportation Board that the agency should be independent and above politics.”
The lawsuit comes amid an ongoing government shutdown that has left the White House press office operating with reduced staff. Primus told reporters that the administration never provided him with any reason for his termination, either in writing or verbally. His legal team argues that the firing represents a broader pattern of Trump targeting independent agency members without cause, including recent dismissals at the Federal Reserve and Nuclear Regulatory Commission. The case could set important precedent regarding presidential authority over independent regulatory agencies.
Impact on Critical Rail Merger Review
Primus’s removal creates a 2-2 partisan deadlock on the five-member board just as it prepares to evaluate the proposed Union Pacific-Norfolk Southern merger, the largest in rail industry history. The Surface Transportation Board must determine whether the consolidation would serve the public interest, considering potential effects on competition, service quality, and railroad workers. Democratic Senator Tammy Baldwin immediately condemned the firing, stating it appeared Trump was “trying to stack the board so it will rubber-stamp the Union Pacific merger.”
The timing raises significant concerns about the merger review process. Primus had been the sole board member to oppose Canadian Pacific’s acquisition of Kansas City Southern two years ago, citing competition concerns. His termination clears the way for Trump to appoint two additional members who could tilt the balance toward approval. Trump has already expressed support for the merger after meeting with Union Pacific’s CEO last month. The Association of American Railroads reports that freight railroads move nearly 30% of U.S. cargo, making board independence crucial for supply chain stability.
Broader Threat to Agency Independence
Primus’s case highlights growing concerns about presidential interference with independent agencies. Trump has removed members from multiple independent boards, including the National Transportation Safety Board, Equal Employment Opportunity Commission, and Federal Reserve. These actions test the boundaries of the Humphrey’s Executor v. United States precedent, which limits presidential removal power over quasi-legislative and quasi-judicial agencies. Democracy Forward’s Perryman warned that “President Trump continues to target members of independent boards, without cause, in violation of the law.”
The pattern of dismissals threatens the foundational principle that certain regulatory functions should operate free from political pressure. Primus noted that Congress mandated STB independence 138 years ago when it established the agency’s predecessor. “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.” The Government Accountability Office has repeatedly emphasized the importance of independent regulatory agencies in maintaining fair oversight.
Industry and Political Reactions
The firing drew immediate condemnation from every rail worker union, the Rail Passengers Association, and Democratic members of Congress. Labor organizations expressed concern that a politicized STB might prioritize corporate interests over worker protections and safety standards. The Rail Passengers Association called the dismissal “a dangerous precedent that threatens the impartial oversight of our national rail system.” These groups argue that independent regulation is essential for balancing the interests of railroads, shippers, and the public.
Primus had been serving a term scheduled to continue through 2027 and was named board chairman last year by President Joe Biden. Following Trump’s election, the administration elevated Republican member Patrick Fuchs to chairman. Primus emphasized that he always strove to be impartial and apolitical during his 24 years of service. The case now moves forward as the STB faces its most significant decision in decades, with the outcome potentially reshaping North American rail transportation and testing the limits of presidential power over independent agencies.
References
- ICC Termination Act of 1995 – Legal foundation for STB independence
- Surface Transportation Board Updates – Official agency announcements
- Association of American Railroads Statistics – Industry data and impact analysis
- Humphrey’s Executor v. United States – Key Supreme Court precedent on removal power
- Government Accountability Office Report – Analysis of independent agency governance
- Rail Passengers Association Statement – Industry reaction to dismissal
