Section: The Opposition

This is not a partisan fight

Skepticism of the merger runs from House Republicans to progressive Democrats, from red-state attorneys general to big-city governments. They raise different concerns, but they converge on one demand: make the railroads prove it.

Republican members of Congress

On February 4, 2026, more than 40 Republican House members, including Houston-area Reps. Dan Crenshaw, Randy Weber, and Troy Nehls, wrote the STB. Their letter puts the burden of proof on the railroads: absent clear, measurable, and substantial benefits for manufacturers, farmers, energy producers, and consumers, the Board should not let the deal proceed. It recalls the backlash from the 1990s mergers and notes that industry consolidation has cut 30 Class I railroads down to six since 1980. It also cites the Trump Administration's focus on keeping costs down for American businesses and consumers.

Republican state attorneys general

On November 14, 2025, nine Republican attorneys general warned the Board that the merger risks undue market concentration, and with it higher prices, lower reliability, and less innovation for American manufacturers and consumers. Their letter argues high internal shipping costs would undercut American companies against foreign competitors, threaten agricultural producers, and could even compromise national security. The signers: Tennessee, Kansas, Florida, Mississippi, Iowa, Montana, North Dakota, South Dakota, and Ohio.

Texas's own Attorney General

On August 28, 2026, the Texas Attorney General's office filed a 14-page comment on deficiencies in the revised application. It writes as an enforcer of federal and Texas antitrust law and frames the review in Clayton Act terms, the same test that governs other big corporate mergers. A separate group of seven Republican attorneys general has also opposed the deal. Three other states, Nebraska, Georgia, and West Virginia, filed in support in September.

The U.S. Senate and House caucuses

Senators John Hoeven (R-ND) and Amy Klobuchar (D-MN) wrote the Board on October 30, 2025, urging close scrutiny. On January 16, 2026, the House Monopoly Busters Caucus and Congressional Labor Caucus co-chairs sent their own letter, copying the Transportation Secretary, the FRA Administrator, and the head of the DOJ Antitrust Division.

On September 3, 2026, another group of House members, including Houston's Rep. Sylvia Garcia, wrote the Board about rail labor, staffing, service, safety, and market power. BNSF now counts more than 100 members of Congress from both parties who have raised concerns.

Cities and local governments

Chicago, the nation's largest rail hub, has pressed the Board on how the merger concentrates power over its terminal network, and its planning officials have filed detailed comments. Houston's mayor, county attorney, county commissioner, and council members have demanded hearings, system-wide studies, and binding mitigation. A Chicago-area oversight alliance filed environmental comments in February 2026. During the earlier CPKC merger, Chicago sought billions in mitigation and secured roughly $400 million, a precedent Houston advocates now cite.

Rival railroads and shippers

CPKC, CN, CSX, and BNSF challenged the completeness and integrity of the application itself. CPKC's December 2025 comments showed the railroads withheld the underlying traffic data behind their truck-to-rail projections, then directed anyone who wanted to check the math to buy it from S&P Global. S&P quoted CPKC $399,000 for the dataset. Trucking-side experts filed too: Atlantic Systems questioned where 2 million diverted truckloads would actually come from, and flagged the pollution hot spots the plan would create at urban terminals.

In September 2026 BNSF told the Board it "opposes the merger, period," and previewed a request that matters directly to Houston: a neutral switching railroad serving shippers from Corpus Christi to the west bank of the Mississippi, so Gulf Coast customers are not captive to one carrier. The Rail Passengers Association filed too, showing that 22 planned passenger corridors, including several Houston routes, overlap track where the railroads project more freight trains.

Other states and cities, this fall

The National League of Cities won more time for local governments to join the case, noting the merger touches communities in at least 43 states. Pennsylvania lawmakers asked the Board in September to pause the merits review until the environmental study is complete. The pattern repeats: places on the line want the impacts measured before anyone decides.