Gorsuch agrees to step back from NEPA case

By Lesley Clark | 12/05/2024 06:53 AM EST

Environmental groups had asked the justice to recuse himself, given his ties to an oil and gas company that could benefit from the court’s decision.

Neil Gorsuch is smiling and walking into an auditorium.

Supreme Court Justice Neil Gorsuch walks into an auditorium to join a conversation in Simi Valley, California, on Aug. 8. Damian Dovarganes/AP

Supreme Court Justice Neil Gorsuch has agreed to recuse himself from an upcoming case that could limit the scope of environmental reviews of major projects like dams and pipelines.

In a letter Wednesday, the clerk of the court wrote that “consistent with the code of conduct” for justices, Gorsuch “has determined that he will not continue to participate” in the case that could lead to a narrowing of the scope of National Environmental Policy Act reviews.

Gorsuch did not provide details on the recusal. But he has a close relationship with the billionaire owner of Denver-based Anschutz, an oil and gas company that stands to benefit if environmental reviews were narrowed.

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Environmental groups, including Accountable.US and Greenpeace USA, wrote to the court in October arguing that the case presents a conflict of interest for Gorsuch. They asserted that the case — which will be heard Tuesday — could weaken one of the avenues for challenging industry-backed projects, “likely benefiting Anschutz, whose company’s drilling proposals have required Environmental Assessments at least 86 times.”

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