On Friday, April 4, 2025, The Kansas City Star reported that U.S. District Judge Stephen R. Bough is facing calls to recuse himself from a significant class action lawsuit involving major petrochemical companies. The lawsuit, filed by Ford County, Kansas, targets prominent corporations, including ExxonMobil, Chevron, and Dow Chemical, alleging that these companies misled consumers regarding the viability of plastic recycling as a large-scale solution.
The plaintiffs, which include the states of Kansas and Missouri, are seeking an injunction against what they describe as “further alleged deceptive practices” and are pursuing damages. The stakes of this case are high, given its implications for consumers and the broader issues surrounding environmental practices in the petrochemical industry.
Critics are raising concerns about Judge Bough’s impartiality due to his marital relationship with Andrea Bough, an elected member of the Kansas City Council. As the city is a proposed class member in the lawsuit, this connection has prompted questions about potential conflicts of interest. Opponents argue that Judge Bough’s ties to local governance present a clear bias, especially since a favorable ruling for the plaintiffs could financially benefit the city and, by extension, his wife.
Judge Bough has defended his decision to remain on the case by stating that Kansas City is merely a “putative class member” at this stage of the proceedings. He suggested that any future connection to the case is uncertain until class certification is achieved. However, critics note that Kansas City is a municipality within Missouri, directly implicating it in the ongoing litigation.
This is not the first instance where Judge Bough has recused himself due to potential conflicts. In a previous case involving Kansas City, he stepped aside after a real estate group associated with his wife’s campaign contributed funds to her election efforts. Observers have pointed out that his current stance contradicts his earlier actions and raises concerns about the consistency of his judicial conduct.
Further complicating the issue of impartiality are Judge Bough’s documented political views. Prior to his appointment to the bench, he publicly criticized oil companies and their influence on politics. In a blog post, he condemned a Missouri congressman for accepting contributions from ExxonMobil, suggesting a personal bias against entities involved in the oil and gas sector. These past statements have led to apprehensions about his ability to remain neutral in cases involving such companies.
Additionally, Judge Bough’s judicial history has come under scrutiny. He has faced accusations of “judge shopping,” a practice where attorneys attempt to assign cases to judges perceived as more favorable. U.S. Senator Chuck Grassley has cited these allegations as reasons for opposing Bough’s nomination to the federal bench, expressing concerns about his temperament and qualifications.
As the legal proceedings continue, the calls for recusal are intensifying. Legal experts and advocacy groups emphasize the importance of maintaining public trust in the judiciary, particularly in high-stakes cases that can impact widespread interests. They argue that a judge’s impartiality must remain unquestionable to preserve the integrity of the judicial system.
If Judge Bough does not recuse himself, the potential for appeals and motions challenging his involvement could prolong the litigation process. This situation could further complicate the case and lead to higher courts intervening to address the ethical standards expected of judges.
Source: The Kansas City Star
