Supreme Court Justice Recuses Self Following Criticism Over Ties to Colorado's Richest Man

Days before the United States Supreme Court is set to hear oral arguments in a major environmental case in Colorado, one justice is stepping aside.

Justice Neil Gorsuch recused himself from Seven County Infrastructure Coalition v. Eagle County, Colorado, according to a letter published on the court's website on Wednesday, December 4. The case will determine whether federal agencies must consider indirect and cumulative environmental impacts when reviewing proposed projects, such as oil and gas drilling operations.

"Consistent with the Code of Conduct for Justices of the Supreme Court of the United States, Justice Gorsuch has determined that he will not continue to participate in this case," the letter reads, offering no further details.

Critics pushed for Gorsuch's recusal for months because of his relationship with Colorado billionaire Philip Anschutz. Anschutz's oil and gas company, Anschutz Exploration, filed an amicus brief in the case, arguing that the National Environmental Policy Act does not require agencies to consider environmental impacts beyond their jurisdiction. The brief said that broader reviews lead to "significant harms" to project developers like Anschutz Exploration.

The Supreme Court's code of conduct specifies that justices are not required to disqualify themselves over the filing of an amicus brief. But critics argue that Gorsuch's relationship violates the code's other guideline: justices should recuse themselves when their "impartiality might reasonably be questioned."

"This recusal is another reminder of how the justices’ cozy relationships with billionaires and special interests continue to plague the Supreme Court and keep public trust in the Court at an all-time low," says Caroline Ciccone, president of the watchdog group Accountable.US. "This recusal further proves the need for more transparency and enforceable ethical standards for the Justices.”

Accountable.US hosted a press call in October demanding that Gorsuch recuse himself from the case. The following month, thirteen U.S. House Democrats sent a letter to Gorsuch repeating the plea.

"In order to preserve any remaining trust in the impartiality of the Supreme Court, you must do the right thing and recuse yourself from this case," read the letter led by Democratic Congressman Hank Johnson of Georgia.

The Denver-born justice's relationship with Colorado's richest man has been well documented since Gorsuch was appointed to the nation's highest court by Donald Trump in 2017.

That year, the New York Times reported that Gorsuch previously represented Anschutz and his companies as outside counsel, and that Anschutz lobbied the Bush administration to nominate Gorsuch to the federal appeals court. Gorsuch often attended and spoke at Anschutz's annual dove-hunting retreats, according to the Times, and Gorsuch owned a vacation home property with two of Anschutz’s top business lieutenants.

The rest of the justices will hear oral arguments in Seven County Infrastructure Coalition v. Eagle County, Colorado, on Tuesday.