Democratic lawmakers pushed for Justice Gorsuch to recuse himself from a development–environmental case, citing the court’s code of conduct.
U.S. Supreme Court Justice Neil Gorsuch has decided to recuse himself from a development–environmental case due to a potential conflict of interest, following pressure from Democratic lawmakers who raised concerns that the outcome of the case could impact a longtime associate of the justice.
Oral arguments for the case, Seven County Infrastructure Coalition v. Eagle County, Colorado, are scheduled to be heard by the court next Tuesday.
Justice Gorsuch, a nominee of former President Trump, informed attorneys in the case of his decision through a letter delivered by the court clerk on Wednesday.
The case will determine whether the National Environmental Policy Act (NEPA) requires the U.S. Surface Transportation Board to consider indirect impacts in its environmental assessments following a railway project sought by a group of counties in Utah.
The board had approved the project in 2021 after a two-year, 1,700-page Environmental Impact Statement for a railway intended to transport up to an estimated 350,000 barrels of oil per day through Utah and Colorado. However, the project faced opposition from environmental groups and concerned members of Eagle County due to worries about spills, wildfires, and potential climate change risks.
The proposed 88-mile railway line would connect oilfields in rural northeastern Utah’s Uinta Basin to the existing national freight rail network, primarily to transport waxy crude oil to refineries on the Gulf Coast through Denver, Colorado.
Justice Gorsuch previously served as an attorney for Denver-based billionaire Philip Anschutz in the early 2000s. Anschutz, who owns the private oil and gas company Anschutz Exploration Corporation, is likely to benefit financially if the railway project is approved and has connections to other companies involved in the project.
Anschutz submitted an amicus brief to the court supporting the railroad, emphasizing the broader implications of the case beyond just the railway project.
Rep. Hank Johnson (D-Ga.) and 12 other Democratic lawmakers wrote to Justice Gorsuch on Nov. 21, requesting his recusal from the case due to the conflict of interest.
“Our nation’s highest court must uphold the highest ethical standards,” the Democrats wrote. “To demonstrate to the American people that the Supreme Court is impartial, you must recuse yourself from any case that directly affects the financial interests of Philip Anschutz, your former legal client.”
Upon learning of Justice Gorsuch’s decision, Johnson commended it as “the right and honorable thing.”
“It is crucial for the court to show the public that it is not influenced by billionaire benefactors,” he added. “However, I believe we need a system that does not solely rely on individual justices to act ethically in every case.”
Justice Gorsuch is part of the court’s current conservative majority of 6-3.
Reuters contributed to this report.
