Gorsuch steps down from major environmental case amid ethical conflict

WASHINGTON (CN) — Justice Neil Gorsuch won’t sit for next week’s environmental showdown because of ethical conflicts in the review of a proposed Utah oil and gas rail line.

According to a letter from the high court’s clerk Scott Harris, the Donald Trump appointee determined he would not continue to participate in the case consistent with the justices’ code of conduct.

Gorsuch did not detail his ethical conflict, but he has been pressured to recuse from the case because of his ties to an oil billionaire who stands to profit from the ruling.

Seven County Infrastructure Coalition v. Eagle County, Colorado will decide what environmental impacts government agencies must consider when assessing industry projects under the National Environmental Policy Act, known as NEPA.

The U.S. Surface Transportation Board approved a permit to build a Utah railway that would quadruple oil production in the Uinta Basin. Philip Anschutz, the owner of Anschutz Exploration Corporation, operates oil wells in the area and could benefit from the 88-mile line.

Gorsuch served as counsel to Anschutz and his companies in the early 2000s and maintained a cozy relationship with the oil billionaire in the ensuing years. Gorsuch said he went on annual hunting retreats on Anschutz’s estates and has property with business associates with the company.

Anschutz’s company filed a friend of the court brief, asking the justices to narrow the scope of NEPA. A government watchdog said the Uinta Basin Railway would cut Anschutz’s freighting costs and increase the company’s profits. However, Anschutz also has oil and gas operations in other regions in Utah as well as Colorado and Wyoming that are all subject to environmental reviews.

Ethics experts were initially skeptical of the validity of the calls for Gorsuch’s recusal since it has been almost two decades since he worked as outside counsel for the company and there is no public information about their relationship after 2017.

It’s not clear if Gorsuch’s relationship with Anschutz led to his recusal or if another conflict arose.

Gorsuch’s recusal is rare despite the increased focus on the justices’ ethical standards over the last few years.

All nine justices signed onto a code of conduct in November 2023, but the high court’s compliance and enforcementof these standards has been murky.

Democratic lawmakers called for Justice Samuel Alito, a George W. Bush appointee, to recuse from cases involving the Jan. 6 Capitol riot after images emerged flags used by far-right political activists were flown outside his home. Alito refused. Chief Justice John Roberts, also a George W. Bush appointee, rejected a callto force Alito to comply.

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