Justice Neil Gorsuch Recuses Himself From Utah Environmental Case

U.S. Supreme Court Justice Neil Gorsuch has announced his recusal from an upcoming environmental case concerning a proposed railway in Utah. This decision, made public on Wednesday, follows a request from Democratic lawmakers citing potential conflicts of interest due to Gorsuch's past legal ties.

The Case and Its Implications

The case involves efforts by several Utah counties to build a railway connecting the Uinta Basin to the national freight rail network. This rail line would primarily facilitate the transportation of waxy crude oil. Central to the dispute is the extent of environmental impact assessments required under the National Environmental Policy Act (NEPA), a 1970 law designed to mitigate environmental damage from major infrastructure projects.

With Gorsuch stepping aside, the remaining eight justices will hear arguments and render a decision.

The Call for Recusal

Democratic Representative Hank Johnson, along with 12 other lawmakers, sent a letter on November 21 urging Gorsuch to recuse himself. They highlighted the involvement of businessman Philip Anschutz, a former legal client of the justice, whose companies, including Anschutz Exploration Corporation, stand to be directly affected by the outcome of the case.

Johnson, an advocate for stronger ethical standards at the Supreme Court, commended Gorsuch’s decision, calling it “the right and honorable thing to do.” He further stressed the importance of maintaining public trust in the judiciary, stating, “The court must demonstrate that it is not influenced by billionaire benefactors.”

Supreme Court's Code of Conduct

Gorsuch’s decision aligns with the Supreme Court's newly adopted code of conduct, introduced in 2022 in response to increasing scrutiny of justices’ financial and personal ties. However, the code lacks an enforcement mechanism, leaving compliance to individual justices' discretion.

This case adds to the broader discussion about ethical reforms at the Supreme Court, as the institution faces criticism over undisclosed luxury trips and financial connections involving some justices.

Moving Forward

Justice Gorsuch’s recusal underscores the ongoing need for transparency and impartiality in the judiciary. The Supreme Court’s decision in this case will carry significant environmental and economic implications, setting precedents for how federal agencies evaluate major infrastructure projects under NEPA.

This development also raises questions about the adequacy of current ethical safeguards for the nation’s highest court, as calls for enforceable standards grow louder.