Recently, it was announced that a Class I major merger filing to the Surface Transportation Board between Union Pacific and Norfolk Southern will take place on December 19, 2025.
The East Palestine, Ohio community and rail safety advocates in the region see this as a second threat of disaster without careful consideration.
Specifically, community members, rail safety advocates and groups are asking for these top five regulations from the Railway Safety Act of 2025 to be a contractual agreement included in the class one merger documents.
-- Require a minimum of two certified crew members to operate a train. A locomotive engineer and conductor have important and distinct roles, particularly during emergency situations in which the engineer must be able to communicate with dispatchers and emergency responders, while the conductor exits the train to assess the safety incident and assist first responders.
-- Require railroads to use defect detectors along regular intervals and alert employees when the sensors identify something is wrong. These lifesaving technologies provide advanced warnings on overheating wheel bearings and other issues that could lead to derailments. The East Palestine train passed by three hot box detectors that showed an overheated wheel bearing was approaching failure, yet Norfolk Southern’s policy meant that crews couldn’t stop the train until it was too late.
-- Prevent unsafe railcar inspections and mandate that railcars are properly maintained. Railcar inspections are required by federal law, however, most freight railroads force inspections to be done in 60 seconds, often by unqualified or ill-trained crew members. The bill prohibits unsafe time limits on inspections and requires the use of properly-trained inspectors.
-- Expand the types of hazardous materials subject to increased safety regulations. Some high-hazard trains, like the Norfolk Southern train carrying vinyl chloride through East Palestine, are not subject to the strictest safety regulations. Requiring additional safety rules for trains carrying flammable gasses like vinyl chloride would increase safety for 12.5% of the nation’s freight trains.
-- Increases penalties on railroads that violate safety to up to $10 million to ensure that railroads comply with safety and hazardous material laws. The average penalty paid by the largest railroads for violating safety was $4,000 per violation.
Union Pacific and Norfolk Southern statistically hold the record for the most unsafe rail operations, first and second, respectively.
Creating a transcontinental monopoly will dilute safety culture if the elements of the Rail Safety Act are excluded, the groups said.
Union Pacific currently holds the highest derailment rate among all Class I railroads, with federal data showing their accident rate is roughly 30% higher than the next worst competitor, according to the groups.
While Norfolk Southern has been under a microscope since East Palestine, Union Pacific has quietly maintained a statistically worse safety record, including a widespread pattern of intimidating workers who try to report defects, the groups said.
East Palestine, Ohio community members and rail safety advocates demand continued movement and protection of existing commitments and that the legal obligations established do not disappear into the complex corporate structure of a new parent company.
The groups demand the federal Surface Transportation Board explicitly codify the following Norfolk Southern commitments as binding conditions of the merger:
-- The Consent Decree: The $25 million medical monitoring fund and 10-year water testing program.
-- The Settlement: Ensuring the $600 million class-action payout mechanism is not disrupted or delayed by administrative mergers.
-- Infrastructure: Guaranteeing the completion of the $25 million City Park renovation and water treatment plant upgrades.
When asked about the Railway Safety Act, Village Manager of East Palestine, Antonio Diaz-Guy, stated, "While I am not in a position to endorse the Railway Safety Act in its entirety, East Palestine supports efforts to enhance rail safety across the industry, including any proactive measures taken by railroads such as Norfolk Southern, Union Pacific, and others.
“As we continue to recover from the incident, my priority as Village Manager is to transform this challenge into an opportunity by rebuilding our local economy with rail safety as a cornerstone of our industrial development.
“We welcome researchers, manufacturers, businesses, consultants, operators, and innovators dedicated to advancing proactive safety solutions—whether through cutting-edge technology, creative problem-solving, or market-driven initiatives.
“East Palestine is ready to serve as a hub for those committed to shaping a safer future for rail transportation.
“If we can get the country's best minds together, thinking about preventative action, I am confident that we can reduce the frequency and impact of incidents, like that which happened in East Palestine."
“Handing the keys of the East Palestine, Ohio recovery to Union Pacific—a railroad with the number one statistically unsafe track record and no direct ties to the community—is an unacceptable risk unless strict federal oversight conditions are applied,” said Jess Conard, Founder of Rail Watch, community rail safety program and East Palestine, Ohio native.
“When rail safety fails, people get sick, and sometimes for years,” said Misti Allison, East Palestine, Ohio resident.“From a public health standpoint, this merger must lock in the strongest safety protections or it puts more communities at risk of another East Palestine.”
“Communities affected by the East Palestine derailment cannot be left wondering whether hard-won commitments will survive a corporate merger,” said Hilary Flint, Director of Communications and Community Engagement, Beaver County Marcellus Awareness Community (BCMAC).
“As a Beaver County resident impacted by that disaster, I am demanding that the consent decree, settlement payouts, and infrastructure upgrades be formally codified as binding conditions of any merger. These are not optional gestures. They are legal and moral obligations that must follow the railroad, no matter what name is on the door.”
NewsClip:
-- The Hill Guest Essay: Without Railway Reform, Your Town Could Be The Next East Palestine - By Jess Conard, Rail Watch
[Posted: December 18, 2025] PA Environment Digest
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