Republican Richard J. Kloster is on the cusp of confirmation to a third Republican seat on the five-member Surface Transportation Board (STB). The Senate May 11 voted along party lines, 46-45, to approve a package of some 50 nominees for final vote. Kloster will fill the vacant seat—to expire Dec. 31, 2028—of Democrat Martin J. Oberman, who retired as STB chairperson in May 2024.
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Separately, Democrat Karen J. Hedlund was nominated by POTUS 47 May 11 to a second STB term to expire Dec. 31, 2030.
A second Democratic seat awaits either a federal court order to return to office POTUS 47-fired Robert E. Primus or a POTUS 47 nominee as a Primus successor who will then require Senate confirmation. Primus was fired in August 2025 in the midst of his second term, which was to expire Dec. 31, 2027. He contends in pending September 2025 federal district court challenge that his firing violated a statutory requirement that termination of Senate confirmed independent regulatory agency members be for cause (inefficiency, neglect of duty or malfeasance in office). No such reason was provided. In a December 2025 amended complaint, Primus alleged racial discrimination.
Kloster’s confirmation likely means the three Republicans—chairperson Patrick J. Fuchs, Michelle A. Schultz and Kloster—as well as Democrat Hedlund will be in place to vote on a Union Pacific (UP)-Norfolk Southern (NS) merger should the STB accept for decision-making an April 30 merger application by the two to become the nation’s first Atlantic-Pacific transcontinental railroad.
Fuchs’ second and final term (by statute) expires Jan. 14, 2029 and Schultz’ second and final term on Nov. 30, 2030.
If the UP-NS merger application is accepted by the STB as complete—a decision required within 30 days of its April 30 filing—merger approval or denial could occur by mid-2027 based on an STB to-be-determined timeline.
Hedlund’s first term expired Dec. 31, 2025. She has since been in a statutory maximum 12-month holdover period in which she will remain until Senate confirmed. If not confirmed by Dec. 31, 2026, Hedlund must depart. Her seat and the currently vacant Democratic seat could them remain vacant indefinitely.
The STB has no statutory quorum requirement, meaning even a single member has authority to decide cases—and this has occurred twice previously with the STB functioning with but one member while awaiting reinforcements. The STB has sole statutory authority to decide rail merger applications.
Kloster, age 67 and nominated by POTUS 47, is president and founder of rail equipment consultancy Integrity Rail Partners, Inc. He previously held management positions with Chicago & North Western Railway (now part of Union Pacific), Indiana Rail Road, General Electric Capital Railcar Services, FTR Consulting Group and AllTranstek Rail Fleet Management. Kloster earned an undergraduate degree in business from Northern Illinois University and a master’s degree in marketing from the University of Alabama.
Hedlund, age 77, previously was chief legal counsel and deputy administrator at the Federal Railroad Administration; chief legal counsel to the Federal Highway Administration; and in transportation-focused private law practice with firms Mayer Brown, Skadden Arps and Nossman. She served on the boards of Washington Union Station Redevelopment Corp. and Moynihan Station Development Corp. and was a rail transit-focused independent consultant with WSP-USA. She earned a liberal arts undergraduate degree from Harvard College and a law degree from Georgetown University.
As for Primus, his time at the STB was contentious. He challenged as “substandard” the “quality” of data provided the STB by the Association of American Railroads (AAR), prompting AAR President Ian Jefferies to say Primus chooses to “forego information gathering, fact checking, and basic courtesy and cooperation in favor of publicity.”
While serving as President Biden’s designated STB chairperson, following Oberman’s retirement (STB chairperson’s are designated by the in-office President), Primus summoned to a two-day public hearing—reportedly without consultation with other STB members—rail officials at which Primus excoriated those officials for their profit-motive, low service quality, slow industry growth, hiring practices and implementation of a productivity-enhancing operating strategy known as Precision Scheduled Railroading.
In 2022, Primus engaged in a combative public exchange with the late James M. Foote, then CSX CEO. Primus later told a rail labor union gathering, “Thank you for letting me represent you.” He was the lone “no” vote when the STB in 2023 approved the Canadian Pacific—Kansas City Southern merger creating CPKC, citing market-power concentration and concern for adverse impacts on rail labor. Primus was nominated to his first term by POTUS 45 and by President Biden to his second term,
Following his STB termination, Primus, whose career has primarily been a congressional staff member, was hired as an aide to Rep. Raul Ruiz (D-CA). Primus retired from federal service in December 2025 and launched a Capitol Hill consulting practice, Prudentia Consulting, “with the aim of assisting organizations with successfully navigating the complex and chaotic federal landscape.” It is thus unlikely he would return to the STB, should a court allow, as there are but 18 months remaining on his term.
Fuchs, age 38, previously was a senior Republican staff member of the Senate Commerce Committee where he drafted rail-related bills including revised language defining the STB’s mission. Earlier, he was a Presidential Management Fellow and policy analyst at the Office of Management and Budget. He earned undergraduate and graduate degrees in economics, political science, statistics and transportation management from the University of Wisconsin.
Schultz, age 54, previously was deputy general counsel to the Southeastern Pennsylvania Transportation Authority and in private law practice. She earned an undergraduate degree in economics, government administration and public policy from Penn State University, is a graduate of Widener University Law School and earned a master’s degree in government administration from the University of Pennsylvania.