STB’s Competitive Switching Proposed Rule: A Win for Captive Shippers

Arlington, Va., Jan. 8, 2026 – The Essential Minerals Association (EMA) announced its support today for a proposed rule issued by the Surface Transportation Board that eases the burdens on shippers who fall issue to captive shipping, like many in the minerals industry face.

“This is a huge win for the minerals industry, many of whom are subject to unfair rates and practices by freight rail networks operating in a monopoly in their region,” said Chris Greissing, EMA president. “EMA has been extremely vocal about the lack of competition in the U.S. freight rail industry, and I’m pleased to see that STB’s action supports shippers as they seek relief from anti-competitive practices.”

Today’s proposal would streamline the path for shippers to obtain competitive access before the Board and would restore the Board’s discretion to consider—on a case-by-case basis—the merits of each case brought before the agency under the statutory standards set by Congress. Currently, shippers bear the burden of demonstrating “anticompetitive conduct” and must meet other requirements to obtain any relief from STB.

EMA was instrumental in leading discussions with the STB and other shippers on the issue, which ultimately led to this week’s notice of proposed rulemaking.

The U.S. freight rail network serves as the logistical backbone for many of the nation’s most essential industries. From crushed stone and cement to essential minerals used in manufacturing, the minerals supply chain depends on rail to move high-volume, low-value, and heavy commodities over long distances. For many mines, processing plants, and minerals manufacturers, rail is the most practical mode of transportation. But the costs have continued to rise, making it hard to compete in the global marketplace.

That reality creates a structural challenge commonly described as captive shipping. A facility connected to only a single Class I railroad, with no competitive alternative and no practical truck or barge option, becomes entirely dependent on the rates, service levels, and terms offered by that carrier. Many mineral producers, including remote quarries and inland processors, fall directly into this category because of geography, topography, and historic rail development patterns.

The Essential Minerals Association (EMA) is the representative voice for companies that extract and process a vital and beneficial group of raw materials and minerals, which are the essential ingredients for many of the products used in everyday life. EMA ensures that the voices of its member companies and the socio-economic benefits they provide – from mining to end-use products – are heard by government leaders as well as the general public. Visit essentialminerals.org to learn more.

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