Justice Gorsuch Recuses from Utah Railway Environmental Case

Gorsuch Gorsuch
Reuters photo

Justice Neil Gorsuch of the U.S. Supreme Court will not participate in an upcoming environmental case concerning a proposed railway in Utah, the court announced on Wednesday. The recusal follows calls from Democratic lawmakers citing a potential conflict of interest. The case will proceed with the remaining eight justices.

A court official stated that Gorsuch’s decision aligns with the code of conduct adopted by the justices last year but did not provide further explanation. The announcement comes after Congressman Hank Johnson and 12 other Democrats sent Gorsuch a letter on November 21 urging his withdrawal. They cited businessman Philip Anschutz, a former legal client of Gorsuch, whose companies, including Anschutz Exploration Corporation, have a financial stake in the case’s outcome.

Johnson praised Gorsuch’s decision as “the right and honorable thing,” emphasizing the need to demonstrate judicial independence from wealthy benefactors. However, he reiterated the necessity of stronger ethics rules to ensure impartiality without relying solely on individual justices’ decisions.

The court’s adoption of its first code of conduct last year followed scrutiny over undisclosed financial ties and luxury trips involving justices, though the code lacks enforcement mechanisms.

The case involves a proposed railway connecting Utah’s Uinta Basin to a freight rail network, primarily for transporting crude oil. It raises questions about the scope of environmental reviews required under the National Environmental Policy Act, a 1970 law aimed at preventing environmental damage from major projects.

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