Gorsuch Recuses from Environmental Case With Argument Looming

US Supreme Court Justice Neil Gorsuch told parties he’ll recuse from an environmental case, despite participating in the dispute since it was filed with the court in March.

The conservative justice didn’t explain his belated decision in a letter Wednesday to sit out Seven County Infrastructure Coalition v. Eagle County, Colorado, which will be argued Dec. 10. But he did say the decision was “consistent with the Code of Conduct for Justices of the Supreme Court of the United States.”

Rep. Hank Johnson (D-Ga), the top Democrat on the House Judiciary’s subcommittee on the courts, and other members of Congress urged Gorsuch to step away due to ties with Colorado businessman Philip Anschutz and the impact the case might have on Anschutz’ businesses.

Gorsuch represented Anschutz and his companies while in private practice.

The case involves the scope of environmental impact studies, particularly whether federal agencies must look at potential effects that are beyond their regulatory responsibility.

Anschutz Exploration Corporation, an oil and gas company controlled by Philip Anschutz, filed an amicus brief urging the justices to limit the scope of these studies, known as National Environmental Policy Act, or NEPA, reviews.

“Expanded, wasteful NEPA analyses, and permitting and litigation delays have serious repercussions, including increased project costs, litigation risks, waterfalls of permitting holdups, and significant regulatory uncertainty,” the brief said. “These hurt developers, the thousands of employees and contractors they employ, and the economies they and their projects support and energize.”

And while the code of conduct for the justices specifically says that friend-of-the-court briefs don’t typically require recusal, the Johnson letter notes Gorsuch’s significant ties to Anschutz and the direct financial impact that case could have on his businesses.

Anschutz lobbied the George W. Bush administration to nominate Gorsuch for his first judicial appointment on the US Court of Appeals for the Tenth Circuit. And, according to the Johnson letter, Gorsuch frequently attends private outings on Anschutz’ luxury ranch.

Justices recuse regularly when a case is denied review. They’ll also step aside occasionally when one is granted but Gorsuch’s timing so close to scheduled arguments is unusual.

The case is Seven County Infrastructure Coalition v. Eagle County, Colorado, U.S., No. 23-975.