1 unchanged sentence
The information set forth in this Item 1A “Risk Factors” should be read in conjunction with the rest of the information included in this annual report, including
−Removed: Item 7 “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and Item 8 “Financial Statements and Supplementary Data.” We have experienced a number of the risks described below over the past year in connection with the Incident and the Incident Proceedings (defined below).
+Added: Item 7 “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and Item 8 “Financial Statements and Supplementary Data.” We have experienced a number of the risks described below in connection with the Incident and the Incident Proceedings (defined below).
The risks described below should be read in conjunction with the information regarding the Incident and Incident Proceedings provided in Note 18 in Item 8 “Notes to Consolidated Financial Statements.”
INCIDENT RISKS
−Removed: As defined and as further described in Note 17 in Item 8 “Notes to Consolidated Financial Statements”, there was an Incident that occurred in the first quarter that consisted of a February 3, 2023 train derailment in East Palestine, Ohio that included 11 non-Company-owned tank cars containing hazardous materials, fires associated with the derailment that threatened certain of the tank cars, and a controlled vent and burn procedure conducted on February 6, 2023 on five of the derailed tank cars, all of which contained vinyl chloride.
−Removed: As a result of the Incident, we have become subject to numerous legal, regulatory, legislative and other proceedings related thereto, including but not limited to, the National Transportation Safety Board (NTSB) Investigation, the FRA Incident Investigation, the FRA Safety Assessment, the U.S.
−Removed: Department of Justice (DOJ) Complaint, the Ohio Complaint, the Incident Lawsuits, the Shareholder Matters, and the Incident Inquiries and Investigations, (each as defined in Note 17 in Item 8 “Notes to Consolidated Financial Statements”), in addition to other proceedings, actions, or potential changes in response to the Incident, including but not limited to those related to, among other items, train size, train length, train composition, or crew size (collectively, the “Incident Proceedings”).
+Added: As defined and as further described in Note 18 in Item 8 “Notes to Consolidated Financial Statements,” there was an Incident that occurred in the first quarter of 2023 that consisted of a February 3, 2023 train derailment in East Palestine, Ohio that included 11 non-Company-owned tank cars containing hazardous materials, fires associated with the derailment that threatened certain of the tank cars, and a controlled vent and burn procedure conducted on February 6, 2023 on five of the derailed tank cars, all of which contained vinyl chloride.
+Added: As a result of the Incident, we became subject to numerous legal, regulatory, legislative, and other proceedings related thereto, including but not limited to, the National Transportation Safety Board (NTSB) Investigation, the FRA Incident Investigation, the FRA Safety Assessment, the U.S.
+Added: Department of Justice (DOJ) Complaint, the Ohio Complaint, the Incident Lawsuits, the Shareholder Matters, and the Incident Inquiries and Investigations (each as defined in Note 18 in Item 8 “Notes to Consolidated Financial Statements”) in addition to other proceedings, actions, or potential changes in response to the Incident, including but not limited to those related to, among other items, train size, train length, train composition, crew size, or detection systems (collectively, the “Incident Proceedings”).
Set forth below are additional risks pertaining to an investment in the Company that are related to the Incident and the Incident Proceedings.
1 unchanged sentence
We have incurred and will continue to remain subject to incurring significant costs, liabilities, fines, and penalties related to the Incident and the Incident Proceedings, including amounts that may have a material adverse effect on our financial position, results of operations, or liquidity.
−Removed: In addition, while we have accrued estimates of probable and reasonably estimable liabilities with respect to the Incident and the Incident Proceedings (several of which are in early stages), we cannot predict the final outcome or estimate the reasonably possible range of loss with certainty and such estimates may change over time due to a variety of factors, including but not limited to those set forth in Note 17 in Item 8 “Notes to Consolidated Financial Statements” or other unfavorable or unexpected developments or outcomes which could result in our current estimates being insufficient.
+Added: While we have accrued estimates of probable and reasonably estimable liabilities with respect to the Incident and the Incident Proceedings, we cannot predict the final outcome or estimate the reasonably possible range of loss with certainty, and such estimates may change over time due to a variety of factors, including but not limited to those set forth in Note 18 in Item 8 “Notes to Consolidated Financial Statements” or other unfavorable or unexpected developments or outcomes which could result in our current estimates being insufficient.
These estimated amounts also do not include any estimate of loss for specific items for which we believe a loss is either not probable or not reasonably estimable for the reasons set forth in Note 18 in Item 8 “Notes to Consolidated Financial Statements.” As a result, our currently accrued amounts of estimated liabilities may be insufficient, and any additional, new or updated accruals could have a material adverse effect on our results of operations or financial position.
12 unchanged sentences
Additional or updated safety, security, or cybersecurity regulation by Congress, the DOT, or DHS could have a negative impact on our business and the efficiency, conduct, or complexity of our operations including (but not limited to) increased operating costs, capital expenditures, claims, and litigation.
−Removed: Our inability to comply with the requirements of existing or updated laws, regulations, or Executive Orders that govern our operations or the rail industry, including but not limited to those pertaining to commercial, operational, tax, safety, security, or cybersecurity matters, could have a material adverse effect on our financial position, results of operations or liquidity.
+Added: Our inability to comply with, or operational practices and costs necessary to adhere to, the requirements of existing or updated laws, regulations, or Executive Orders that govern our operations or the rail industry, including but not limited to those pertaining to commercial, operational, tax, safety, security, or cybersecurity matters, as such requirements may be interpreted or enforced from time to time (such as in connection with a pending regulatory or other legal proceedings or lawsuits), could have a material adverse effect on our financial position, results of operations, or liquidity.
We are addressing multiple governmental actions as a result of the Incident, as noted in “Incident Risks” above.
Federal and state environmental laws and regulations could negatively impact us and our operations.
−Removed: Our operations are subject to extensive federal and state environmental laws and regulations concerning, among other things:
+Added: Our operations are subject to extensive federal, state and local environmental laws and regulations concerning, among other things:
emissions to the air;
discharges to waterways or groundwater supplies;
−Removed: handling, storage, transportation, and disposal of waste and other materials;
+Added: handling, storage, transportation, use, and disposal of waste and other materials;
and, the cleanup of hazardous material or petroleum releases.
3 unchanged sentences
Moreover, lawsuits and claims involving other unidentified environmental sites and matters are likely to arise from time to time.
−Removed: Our inability to comply with the extensive federal and state environmental laws and regulations to which we are subject could result in significant liabilities or otherwise adversely impact our operations.
+Added: Our inability to comply with the extensive federal, state and local environmental laws and regulations to which we are subject could result in significant liabilities, fines, or sanctions, including those related to the investigation or remediation of known and unknown environmental contamination, or otherwise adversely impact our operations.
As noted in “Incident Risks” above, in connection with the Incident, we are experiencing negative impacts related to environmental matters, including extensive cleanup costs and litigation related to alleged environmental impacts of the Incident.
+Added: international trade relationships may adversely impact our customers, our industry, and our business.
+Added: We transport a significant number of shipments that have either been imported into the U.S.
+Added: or are destined for export from the U.S.
+Added: Trade discussions and arrangements between the U.S.
+Added: and various of its trading partners are fluid, and existing and future trade agreements are, and are expected to continue to be, subject to a number of uncertainties, including the imposition of new tariffs or adjustments and changes to the products covered by existing tariffs.
+Added: Any decision by the U.S.
+Added: government to adopt actions such as border taxes on imports, an increase in customs duties or tariffs, or the renegotiation of U.S.
+Added: trade agreements, or any other action that could have a negative impact on international trade, including corresponding actions taken by other countries in response to U.S.
+Added: governmental actions, could cause a reduction in the volume of shipments by many of our customers.
+Added: Any changes in tax and trade policies in the U.S.
+Added: and corresponding actions by other countries could adversely impact our financial performance.
+Added: In addition, compliance with any new laws, regulations, or policies with regard to any of the foregoing may increase our operating costs or require significant capital expenditures.
+Added: Any failure to comply with applicable laws, regulations or policies in the U.S.
+Added: or other countries could result in substantial fines or possible revocation of our authority to conduct our operations, which could materially adversely affect us.
OPERATIONAL RISKS
−Removed: A significant cybersecurity incident or other disruption to our technology infrastructure could disrupt our business operations.
−Removed: To conduct business, we extensively rely on information and operational technology systems, and improvements in those technologies, in all aspects of our business.
−Removed: The threat landscape is vast and includes hobbyists, cybercriminals, nation-states and state-sponsored activities.
−Removed: Attacks from these entities include, but is not limited to, denial of service, unauthorized access, theft of money, and data and extortion.
−Removed: System upgrades, redundancy and other continuity measures may be ineffective or inadequate, and our business continuity and disaster recovery planning may not be sufficient for all eventualities.
−Removed: Regardless of the cause, significant disruption or failure of one or more of information or operational technology systems operated by us or under control of third parties, including computer hardware, software, cloud services and communications equipment, can result in us experiencing a service interruption, data breach, or other operational difficulties.
−Removed: Such failures or disruptions can adversely impact our business by, among other things, preventing intercompany communications and disrupting operations that may result in direct or indirect monetary losses, damage to equipment or property, or loss of confidence in corporate competency.
−Removed: These events could have a materially adverse effect on our business, reputation, results of operations and financial condition.
−Removed: Although we maintain comprehensive security programs designed to protect our information technology systems, including our risk-based approach to cybersecurity, our reliance on the Framework for Improving Critical Infrastructure Cybersecurity drafted by the U.S Department of Commerce's National Institute of Standards and Technology (NIST CSF) and our layered defense system, we are continually targeted by threat actors attempting to access our networks and we may be unable to detect or prevent a breach of our systems or disruption to our service in the future.
−Removed: While we have previously experienced technology outages and cybersecurity events that have impacted our systems and service, future events may result in more significant impacts to our operations, reputation or financial results.
−Removed: These potentially impactful future events could include service disruptions, unauthorized access to our systems, viruses, ransomware, and/or compromise, acquisition, or destruction of our data.
−Removed: We also could be impacted by cybersecurity events targeting third parties that we rely on for business operations, including third party vendors that have access to our systems or data and third parties who provide services and are in our supply chain.
−Removed: Such a direct or indirect cybersecurity incident could interrupt our service, cause safety failures or operational difficulties, decrease revenues, increase operating costs, impact our efficiency, damage our corporate reputation, and/or expose us to litigation or government action or increased regulation, which could result in penalties, fines or judgments.
−Removed: In addition, our failure to comply with or adhere to privacy-related or data protection laws and regulations could result in government investigations and proceedings against us, or litigation, resulting in adverse reputational impacts, penalties, and legal liability.
−Removed: Our business may be seriously harmed if we fail to develop, implement, maintain, upgrade, enhance, protect and integrate our information technology systems.
−Removed: If we fail to develop, acquire or implement new technology, or otherwise fail to maintain, protect or integrate our information technology systems, we may suffer a competitive disadvantage within the rail industry and with companies providing alternative modes of transportation service.
+Added: A significant adverse event on our network may significantly impede our ability to operate and serve our customers.
+Added: The nature of our operations inherently comes with the risk that one or more significant adverse events or outages may occur on or impact our network resulting in our inability or restricted ability to provide rail transportation services to our customers.
+Added: These events include but are not limited to, a mainline accident, a hazardous material discharge, a climate-related network outage, or a technology-related network outage.
+Added: Any one or more of these incidents could expose us to significant operational and managerial challenges, as well as reputational damage, requiring a significant amount of time and focus of our Board and management team, as well as significant lost revenues, expenses, liabilities, fines, and penalties, including amounts that may have a material adverse effect on our financial position, results of operations, or liquidity.
+Added: One or more of these events may also result in subsequent legislative, regulatory, operational or other responsive actions taken, changes or protocols adopted (including by us), or requirements imposed that may, either individually or in the aggregate, have a material adverse effect on our financial position, results of operations, liquidity, or operations, or on our customers, the rail industry, or the markets we serve.
+Added: If we are unable to successfully execute on our strategic initiatives, our business and future results of operations may suffer.
+Added: Our growth strategy includes increasing the volume of shipments moving through our railway networks.
+Added: We are reliant on the success of our strategic plans and initiatives to execute on this growth strategy, as well as to help offset increasing costs.
+Added: These strategic plans include marketing, service, growth, and productivity initiatives.
+Added: The timely and effective execution of our strategies are dependent upon, among other factors, (i) our ability to maintain satisfactory relations with our customers, employees, and other key stakeholders, (ii) our ability to effectively control costs, (iii) the progress and success of our safety programs and inspection technologies, and (iv) our ability to timely and effectively maintain and upgrade technology systems and other infrastructure for our railway networks.
+Added: Our failure to successfully execute on our strategic initiatives may expose us to a number of risks, including, that our projected volume growth may differ from actual results, and prior capital investments based on our projections may contribute to excess capacity that could negatively impact our profitability.
As a common carrier by rail, we must offer to transport hazardous materials, which exposes us to significant costs and claims.
−Removed: Transportation of certain hazardous materials or third party-owned equipment (typically used to transport such materials) creates risks of significant losses in terms of personal injury and property (including environmental) damage and compromise critical parts of our rail network.
+Added: Transportation of certain hazardous materials or third party-owned equipment (typically used to transport such materials) creates risks of significant losses in terms of personal injury and property (including environmental) damage and compromises critical parts of our rail network.
The costs of a catastrophic rail accident involving hazardous materials or third party-owned equipment could exceed our insurance coverage.
7 unchanged sentences
While we have primarily used internal resources to build or acquire and maintain our rail system, trucks and barges have been able to use public rights-of-way maintained by public entities.
−Removed: Any future improvements, expenditures, legislation, or regulation changing or materially increasing the efficiency or reducing the cost of one or more alternative modes of transportation in the regions in which we operate (such as granting materially greater latitude for motor carriers with respect to size or weight limitations or adoption and utilization of autonomous commercial vehicles) could have a material adverse effect on our ability to compete with other modes of transportation.
+Added: Any future improvements, expenditures, legislation, or regulation changing or materially increasing the efficiency or reducing the cost of one or more alternative modes of transportation in the regions in which we operate (such as granting materially greater latitude for motor carriers with respect to size or weight limitations or adoption and utilization of
+Added: autonomous commercial vehicles) could have a material adverse effect on our ability to compete with other modes of transportation.
+Added: In addition, our industry continues to evolve, including customer demands for faster transit times and increased visibility, and the potential for increased competition (due to growth in the market, competitors with improved financial capacity or technology, or business combinations resulting in one or more competitors providing a wider variety of services and products at competitive prices) which may, either individually or in the aggregate, have a material adverse effect on our business or results of operations.
Capacity constraints could negatively impact our service and operating efficiency.
6 unchanged sentences
Our ability to provide rail service to our customers depends in large part upon a functioning global supply chain and our ability to maintain collaborative relationships with connecting carriers (including shortlines and regional railroads) with respect to, among other matters, freight rates, revenue division, car supply and locomotive availability, data exchange and communications, reciprocal switching, interchange, and trackage rights.
−Removed: Deterioration in the supply chain or service provided by connecting carriers, or in our relationship with those connecting carriers, could result in our inability to meet our customers’ demands or require us to use alternate train
−Removed: routes, which could result in significant additional costs and network inefficiencies.
+Added: Deterioration in the supply chain or service provided by connecting carriers, or in our relationship with those connecting carriers, could result in our inability to meet our customers’ demands or require us to use alternate train routes, which could result in significant additional costs and network inefficiencies.
Additionally, any significant consolidations, mergers, or operational changes among other railroads may alter our market access and reach.
We may be negatively affected by terrorism or war.
−Removed: Any terrorist attack, or other similar event, any government response thereto, and war or risk of war could cause significant business interruption.
+Added: Any terrorist attack, or other similar event, any government response thereto, and war or risk of war could cause significant business interruption or other operational challenges.
Because we play a critical role in the nation’s transportation system, we could become the target of such an attack or have a significant role in the government’s preemptive approach or response to an attack or war.
1 unchanged sentence
In addition, premiums for some or all of our current insurance programs covering these losses could increase dramatically, or insurance coverage for certain losses could be unavailable to us in the future.
−Removed: We may be negatively affected by supply constraints resulting from disruptions in the fuel markets or the nature of some of our supplier markets.
+Added: We may be negatively affected by supply constraints resulting from disruptions in our fuel markets or supplier markets.
We consumed approximately 373 million gallons of diesel fuel in 2024.
2 unchanged sentences
Due to the capital-intensive nature, as well as the industry-specific requirements of the rail industry, high barriers of entry exist for potential new suppliers of core railroad items, such as locomotives and rolling stock equipment.
+Added: As a result, we are dependent on certain key suppliers and manufacturers of locomotive and railroad items.
+Added: Disruption to one or more of our key suppliers or manufacturers, including as a result of stopped or restricted production, labor stoppage or restriction, or significant supply shortage or outage could negatively impact our operating efficiency
+Added: and increase costs.
Additionally, we compete with other industries for available capacity and raw materials used in the production of locomotives and certain track and rolling stock materials.
−Removed: Changes in the competitive landscapes of these limited supplier markets could result in increased prices or significant shortages of materials.
+Added: Changes in the competitive landscapes of these limited supplier markets could also result in significantly increased prices or material shortages.
+Added: We may be negatively affected by energy prices.
+Added: Fuel and energy costs have a significant impact on our operations.
+Added: Volatility in energy prices could have a significant effect on a variety of items including, but not limited to:
+Added: demand for transportation services;
+Added: business related to the energy sector, including crude oil, natural gas, and coal;
+Added: and, fuel surcharges, each of which could have a material impact on our business and results of operations.
+Added: In addition, we may also experience a disruption in energy supplies as a result of new or increased regulation, as a result of war or geopolitical conflicts, weather-related events or natural disasters, or other factors beyond our control, which could have a material adverse effect on our business.
Pandemics, epidemics, or endemic diseases could further negatively impact us, our customers, our supply chain, and our operations.
2 unchanged sentences
To the extent such diseases adversely affect our business and financial results, they may also have the effect of heightening many of the other risks described in the risk factors included herein or may affect our operating and financial results in a manner that is not presently known to us.
+Added: Our business is capital intensive, and we must make capital decisions based upon expectations of future usage of our assets.
+Added: We make significant investments in our railroad infrastructure, including railroad property, track infrastructure, locomotives, freight cars, intermodal equipment, technology, and other assets to support our network, much of which is costly and requires significant capital outlay.
+Added: The amount and timing of capital investments depend on various factors, including expectations of future carload traffic.
+Added: In many cases, we must make advance commitments to purchase or modify equipment prior to such equipment being needed.
+Added: As a result, we must predict volume levels and other requirements and make commitments based on those projections.
+Added: A significant variance in our expectations or projections could result in too much or too little equipment relative to our actual needs and volumes, thereby negatively impacting our operations or financial results.
+Added: TECHNOLOGY RISKS
+Added: A significant cybersecurity incident or other disruption to our technology infrastructure resulting from internal and external threats could disrupt our business operations.
+Added: To conduct business, we extensively rely on information and operational technology systems.
+Added: The threat landscape is vast, with potential attacks from cybercriminals, nation-states, state-sponsored actors and others including, but not limited to, service denials, unauthorized access, compromised equipment or rolling stock, extortion, or theft of data or money.
+Added: As a result, our business continuity and disaster recovery plans and activities may not be sufficient for all eventualities, resulting in the potential for a data breach or significant service or operational disruption or failure involving one or more information or operational technology systems operated by us or under control of third parties, including computer hardware, software, cloud services and transportation and communications equipment.
+Added: Such failures or disruptions can adversely impact our business by, among other things, preventing intercompany communications and disrupting operations that may result in direct or indirect monetary losses, damage to equipment or property, or loss of confidence in corporate competency.
+Added: Any one or more of these events could have a material adverse effect on our results of operations, financial position, or operations.
+Added: Although we maintain security programs designed to protect our information and operational technology systems, we are continually targeted by threat actors attempting to access our networks and we may be unable to detect or prevent a breach of our systems or disruption to our service in the future.
+Added: In addition, while we have previously experienced technology outages and cybersecurity events that have impacted our systems and service, future events may result in more significant impacts to our operations, reputation or financial results.
+Added: These potentially impactful future events could include service disruptions, unauthorized access to our systems, viruses, ransomware, and/or the compromise, acquisition, or destruction of our
+Added: We also could be impacted by cybersecurity events targeting third parties that we rely on for business operations, including third party vendors that have access to our systems or data and third parties who provide services and are in our supply chain.
+Added: Such a direct or indirect cybersecurity incident could interrupt our service, cause safety failures or operational difficulties, decrease revenues, increase operating costs, impact our efficiency, damage our corporate reputation, and/or expose us to litigation or government action or increased regulation, which could result in penalties, fines or judgments.
+Added: In addition, our failure to comply with or adhere to privacy-related or data protection laws and regulations could result in government investigations and proceedings against us, or litigation, resulting in adverse reputational impacts, penalties, and legal liability.
+Added: Our business may be seriously harmed if we fail to develop, implement, maintain, upgrade, enhance, protect and integrate our information or operational technology systems.
+Added: If we fail to develop, acquire or implement new technology, or otherwise fail to maintain, protect or integrate our information or operational technology systems, we may suffer a competitive disadvantage within the rail industry and with companies providing alternative modes of transportation service.
+Added: The techniques used by cybersecurity threat actors to obtain unauthorized access, disable or degrade service or sabotage systems change frequently, as data breaches and other cybersecurity events have become increasingly commonplace.
+Added: Consequently, these techniques may be difficult to detect and cybersecurity events are therefore increasingly difficult to prevent.
+Added: The rapid evolution and increased adoption of emerging technologies, such as artificial intelligence and machine learning, may make it more difficult to anticipate cybersecurity threats and implement adequate protective countermeasures.
+Added: If we fail to adequately develop or maintain our information or operational technology systems or cybersecurity infrastructure, we may become increasingly vulnerable to cybersecurity events, or other breaches or disruptions to our information or operational technology systems.
LITIGATION RISKS
5 unchanged sentences
A catastrophic rail accident, whether on our lines or another carrier’s, involving any or all of release of hazardous materials, freight loss, property damage, personal injury, and environmental liability could compromise critical parts of our rail network.
−Removed: Losses associated with such an accident involving us could exceed our insurance coverage, resulting in a material adverse effect on our liquidity.
−Removed: Any material changes to current litigation trends could also have a material adverse effect on our liquidity to the extent not covered by insurance.
+Added: Losses associated with such an accident involving us could exceed our insurance coverage, resulting in a material adverse effect on our financial position or liquidity.
+Added: Any material changes to current litigation trends could also have a material adverse effect on our financial position or liquidity to the extent not covered by insurance.
We have obtained insurance for potential losses for third-party liability and first-party property damages;
2 unchanged sentences
HUMAN CAPITAL RISKS
−Removed: Failure to attract and retain key executive officers, or skilled professional or technical employees could adversely impact our business and operations.
−Removed: Our success depends on our ability to attract and retain skilled employees, including a sufficient number of craft employees to enable us to efficiently conduct our operations.
+Added: Failure to attract, retain, and transition key executive officers, or skilled professional or technical employees could adversely impact our business and operations.
+Added: Our success depends on our ability to attract and retain skilled employees, including key executive officers to oversee our operational, productivity, marketing, and technological initiatives, as well as a sufficient number of skilled professional and craft employees to enable us to
+Added: efficiently conduct our operations.
Difficulties in recruiting and retaining skilled employees, including train and engine workers, key executives, and other skilled professional and technical employees;
−Removed: the unexpected loss of such individuals;
−Removed: and/or our inability to successfully transition key roles could each have a material adverse effect on our business and operations.
+Added: the loss of such individuals;
+Added: and/or our inability to successfully transition key executive, professional, technical, or skilled roles could each have a material adverse effect on our financial position, results of operations, and operations.
+Added: The loss of one or more key employees could also result in the depletion of our institutional knowledge base and may result in our inability or increased difficulty in successfully transitioning key roles, which could materially adversely impact our business.
The vast majority of our employees belong to labor unions, and the renegotiation of labor agreements or any provisions thereof, or any strikes or work stoppages (including any entered into in connection with any such negotiations), could adversely affect our operations.
Approximately 80% of our railroad employees are covered by collective bargaining agreements with various labor unions.
−Removed: We entered into updated labor agreements with these labor unions in December 2022 and future national labor agreements, or renegotiation of labor agreements or provisions of labor agreements, could significantly increase our costs for health care, wages, and other benefits.
−Removed: Additionally, if our craft employees were to engage in a strike, work stoppage, or other slowdown, including in connection with the renegotiation of any such agreements or any provisions thereof, we could experience a significant disruption in our operations, thereby adversely impacting our results of operations.
+Added: In the third and fourth quarters of 2024, the Company reached tentative collective bargaining agreements with ten of these labor unions, a majority of which were subsequently ratified by union membership and became effective January 1, 2025.
+Added: Future national labor agreements, or renegotiation of labor agreements or provisions of labor agreements, could significantly increase our costs for health care, wages, and other benefits.
+Added: In addition, if our craft employees were to engage in or threaten a strike, work stoppage, or other slowdown, including in connection with the renegotiation of any collective bargaining agreements or any provisions thereof, we could experience a significant disruption in our operations, customer base, or belief in our ability to provide consistent service, thereby adversely affecting our operations or ability to provide services.
CLIMATE CHANGE RISKS
Severe weather and disasters have caused, and could again cause, significant business interruptions and expenditures.
−Removed: Severe weather conditions and other natural phenomena resulting from changing weather patterns and rising sea levels or other causes, including hurricanes, floods, fires, landslides, extreme temperatures, significant precipitation, and earthquakes, have caused, and may again cause damage to our network, our workforce to be unavailable and us to be unable to use our equipment.
+Added: Severe weather conditions and other natural phenomena resulting from changing weather patterns and rising sea levels or other causes, including hurricanes, floods, fires, landslides, extreme temperatures, significant precipitation, and earthquakes, have caused, and may again cause damage to our network, our workforce to be unavailable, and us to be unable to use our equipment, or otherwise cause significant interruptions to our operations.
Additionally, shifts in weather patterns caused by climate change are expected to increase the frequency, severity, or duration of certain adverse weather conditions, which could cause more significant business interruptions that result in increased costs, increased liabilities, and decreased revenues.
+Added: Our inability to quickly and effectively restore operations following adverse weather and disasters could materially impact our business and results of operations.
+Added: To the extent such weather events or natural disasters become more frequent or severe, disruptions to our business and those of our customers and costs to repair damaged property and equipment or maintain or resume operations could increase.
+Added: Furthermore, climate change may contribute to an increase in the incidence and severity of natural disasters and adverse weather conditions and reduce the availability or increase the cost of insurance for such events.
Concern over climate change has led to significant federal, state, and international legislative and regulatory efforts to limit greenhouse gas (GHG) emissions.
4 unchanged sentences
We may be negatively impacted by changes in general economic conditions.
−Removed: Negative changes in domestic and global economic conditions, including reduced import and export volumes, could affect the producers and consumers of the freight we carry.
−Removed: Economic conditions could also result in bankruptcies of one or more large customers.
−Removed: We may be negatively affected by energy prices.
−Removed: Volatility in energy prices could have a significant effect on a variety of items including, but not limited to:
−Removed: demand for transportation services;
−Removed: business related to the energy sector, including crude oil, natural gas, and coal;
−Removed: and, fuel surcharges.
+Added: Because our business is dependent on the rail shipping needs of our customers, negative changes in domestic and global economic conditions,
+Added: including reduced import and export volumes, could affect the producers and consumers of the freight we carry.
+Added: Recessionary economic cycles and downturns in customers’ business cycles, especially in market segments and industries where we have a significant concentration of customers, may substantially reduce our volumes, and lead to excess capacity in the industry, resulting in pressure on rates we are able to obtain for our services.
+Added: Economic conditions could also result in bankruptcies of one or more of our customers.
+Added: Changes in general economic conditions are beyond our control, and it may be difficult for us to adjust our business model.
+Added: We are impacted by industrial production, inflation, unemployment, and consumer spending.
+Added: We have been and may in the future be, materially impacted by adverse developments in these aspects of the economy.
The state of capital markets could adversely affect our liquidity.
3 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.