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STB Determines Data to be Used for Environmental Analysis in Proposed CP/KCS Merger

04/27/2022 (Wednesday) [PDF Version]
No. 22-25

Michael Booth
FedRelay 1 (800) 877-8339

The Surface Transportation Board today issued a decision in the review of the merger application filed by Canadian Pacific Railway Limited (CP) and Kansas City Southern Railway Company (KCS), determining which baseline traffic density data will be used to conduct the environmental analysis.

On March 16, 2022, the Board suspended the procedural schedule in the review of the merger application filed by CP and KCS, directed the parties to address an apparent inconsistency, and indicated which of the two baseline data sets submitted should be used in analyzing the environmental and transportation impacts of the transaction.

Today’s decision defines the data to be used and directs applicants to resubmit data and all workpapers associated with their operating plan by May 27, 2022.  Once that information is received, amended comments and responsive applications will be due no later than 20 days following applicants’ submission.  Upon the filing of amended comments and responsive applications, the Board will resume an amended procedural schedule in consideration of the merger application.  Comments on the resubmitted data will be due within 20 days of receipt.

The Board’s Office of Environmental Analysis (OEA) will continue to conduct the environmental review of the potential merger while the procedural schedule remains suspended.  However, to ensure that the environmental review appropriately considers the applicants’ amendments and revisions, OEA will not issue a Draft Environmental Impact Statement in this proceeding until after the procedural schedule resumes.

The Board’s decision in Canadian Pacific Railway Limited; Canadian Pacific Railway Company; Soo Line Railroad Company; Central Maine & Quebec Railway US Inc.; Dakota, Minnesota & Eastern Railroad Corporation; and Delaware & Hudson Railway Company, Inc.—Control—Kansas City Southern; The Kansas City Southern Railway Company; Gateway Eastern Railway Company; and The Texas Mexican Railway Company, Docket No. FD 36500, may be viewed and downloaded here.