On Friday, October 4, 2024, Westword reported that Justice Neil Gorsuch of the United States Supreme Court is under scrutiny for potential conflicts of interest due to his ties with billionaire Philip Anschutz. Critics are calling for Gorsuch to recuse himself from the upcoming Supreme Court case, Seven County Infrastructure Coalition v. Eagle County, which raises significant environmental considerations.
The case will address whether federal agencies are required to evaluate indirect and cumulative environmental impacts when reviewing proposed projects, including those related to oil and gas drilling. Anschutz’s company, Anschutz Exploration, has submitted an amicus brief arguing against the necessity for such broader assessments under the National Environmental Policy Act (NEPA). The brief contends that requiring comprehensive reviews leads to “absurd requirements” that could harm project developers like Anschutz.
During a press call held on October 3, representatives from the watchdog group Accountable.US expressed concerns about Gorsuch’s impartiality. Caroline Ciccone, president of the organization, emphasized the need for public confidence in the judicial process. She stated, “If Justice Gorsuch hears this case, it really puts the entire system into question.” The group argues that Gorsuch’s connections to Anschutz, including prior professional ties and social engagements, warrant his recusal.
Gorsuch’s relationship with Anschutz has been documented since his appointment to the Supreme Court by former President Donald Trump in 2017. Reports indicated that Gorsuch had previously represented Anschutz as outside counsel and that Anschutz had lobbied for Gorsuch’s nomination to the federal appeals court. Furthermore, Gorsuch has participated in Anschutz’s annual dove-hunting retreats and co-owned a vacation property with two of Anschutz’s associates.
Accountable.US has previously urged Gorsuch to recuse himself from other cases tied to Anschutz, including Loper Bright Enterprises v. Raimondo earlier in 2024. This case involved environmental protections and energy policies that could impact Anschutz’s business operations. Ciccone highlighted the disparity in ethical standards, asserting that such conflicts of interest would not be tolerated in other professions.
Historically, Gorsuch has recused himself from cases involving Anschutz while serving as a judge on the U.S. Court of Appeals for the Tenth Circuit. He withdrew from a 2011 case related to the Anschutz Company, which involved significant tax issues. According to Accountable.US, Gorsuch recused himself in 44 cases involving Anschutz’s enterprises prior to his Supreme Court appointment.
The Supreme Court’s code of conduct does not mandate justices to disqualify themselves solely based on the submission of an amicus brief. However, critics argue that Gorsuch’s established connections with Anschutz could lead to reasonable questions about his impartiality, which is a guideline outlined in the code.
Doug Lindner from the League of Conservation Voters also voiced concerns during the press call, criticizing the court’s ethical standards and emphasizing the influence of financial ties to industries like fossil fuels on judicial decisions. Lindner remarked on the implications of the case for environmental protections and public health, highlighting the troubling trend of judicial decisions favoring private interests over broader societal concerns.
The call for Gorsuch’s recusal included remarks from Democratic Congressman Hank Johnson, who described the Supreme Court as “unaccountable, arrogant, reckless and out of control.” He lamented the influence of money in judicial rulings and expressed concern over the upcoming case’s potential impact on environmental safeguards.
As of now, Accountable.US has not received any responses from Justice Gorsuch or the Supreme Court regarding the recusal request. The Seven County Infrastructure Coalition v. Eagle County, Colorado case is scheduled for argument during the Supreme Court’s 2024-25 term, which commenced on October 7, 2024.
Source: Westword
