TITLE: STB Member Files Lawsuit Over Alleged Illegal Dismissal
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Legal Challenge to Presidential Dismissal
A former Democratic member of the U.S. Surface Transportation Board has filed a lawsuit claiming President Donald Trump illegally fired him before the board could review what would be the largest rail merger in history. Robert Primus, who had served on the board since 2001, alleges his August 27 termination violated the independence Congress granted the transportation regulatory agency 138 years ago.
Threat to Regulatory Independence
Primus stated the White House provided no specific reason for his dismissal beyond a vague statement that he “did not align with the President’s America First agenda.” His lawsuit argues this action threatens the STB’s mandated independence and could disrupt the nation’s supply chain by injecting political considerations into regulatory decisions.
“Our country’s supply chain demands that the board be independent and transparent,” Primus emphasized. “Failure to do so will negatively affect the entire network: railroads, shippers and rail labor alike, disrupting the supply chain and ultimately injecting instability into our nation’s economy.”
Legal Grounds for Challenge
Skye Perryman, President and CEO of Democracy Forward, who is leading Primus’ legal defense, explained that Congress established specific grounds for removing STB members: inefficiency, neglect of duty, or malfeasance in office. “President Trump continues to target members of independent boards, without cause, in violation of the law,” Perryman stated.
Broader Pattern of Dismissals
The lawsuit comes amid what critics describe as a pattern of Trump removing members from various independent agencies, including the Federal Reserve, National Transportation Safety Board, Equal Employment Opportunity Commission and Nuclear Regulatory Commission. Primus’ termination broke a 2-2 partisan tie on the board and cleared the way for Trump to appoint two additional members.
Merger Context and Concerns
The dismissal occurred just as the STB was preparing to review Union Pacific’s proposed $85 billion acquisition of Norfolk Southern, which would create the first true transcontinental railroad. Democratic Senator Tammy Baldwin and rail worker unions quickly condemned the firing, suggesting it appeared designed to stack the board in favor of approving the merger.
Primus, who had been appointed board chairman by former President Joe Biden and served until Trump elevated Republican member Patrick Fuchs to the position, has a history of carefully considering merger impacts. He was the only board member to oppose Canadian Pacific’s acquisition of Kansas City Southern two years ago over competition concerns.
Additional details about this developing legal challenge are available through comprehensive coverage of transportation regulatory matters.
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