The former Democratic member of the U.S. Surface Transportation Board (STB), Robert Primus, has filed a lawsuit against former President Donald Trump over his dismissal from the board. Primus was removed from his position on August 28, just before the STB was set to review Union Pacific’s proposed $85 billion acquisition of Norfolk Southern. The merger would create the first transcontinental railroad in the United States.
Primus, who had served on the board since 2001, said he was not given a reason for his firing and argued that it threatens the independence of the five-member STB. “Our country’s supply chain demands that the board be independent and transparent. Congress mandated it 138 years ago,” Primus said. “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. This is dangerous, and wrong, and cannot not be allowed to happen.”
The White House did not immediately respond to news of the lawsuit. At the time of Primus’s removal, a public statement cited only that “Robert Primus did not align with the President’s America First agenda.”
Skye Perryman, President and CEO of Democracy Forward, criticized Trump’s action by referencing how Congress structured the STB. According to Perryman: “President Trump continues to target members of independent boards, without cause, in violation of the law. Congress made clear when creating the Surface Transportation Board that the agency should be independent and above politics.” Congressional guidelines specify that members can only be dismissed for inefficiency, neglect of duty or malfeasance.
Trump has previously removed members from other independent agencies such as the Federal Reserve and National Transportation Safety Board.
Primus stated he aimed to remain impartial during his tenure, which was scheduled to last until 2027. His dismissal shifted what had been an even split between Republicans and Democrats on the board and allowed Trump to appoint two additional members.
Labor unions representing rail workers, advocacy groups like Rail Passengers Association, and Democratic lawmakers condemned Primus’s firing at its announcement. Senator Tammy Baldwin remarked at that time that Trump’s actions appeared intended to influence approval of Union Pacific’s merger proposal.
After meeting with Union Pacific’s CEO in Washington last month, Trump publicly expressed support for the merger plan.
