Justice Neil Gorsuch has stepped back from a significant environmental case currently under review by the Supreme Court, following advocacy group pressures regarding his connections with billionaire Philip Anschutz. This situation highlights how Anschutz and other wealthy oil industry figures might gain from a favorable decision by the court, which leans conservative.
The case in question, Seven County Infrastructure Coalition v. Eagle County, Colorado, involves a proposed railway in Utah and the extent of environmental assessments required for major infrastructure projects. Under the National Environmental Policy Act, agencies must evaluate the potential impacts of such projects. However, the railway’s proponents argue that a previous court ruling overstepped the law by mandating a transportation board to consider factors like oil and gas drilling and climate change, which they claim are outside its jurisdiction.
The oil industry is deeply invested in this dispute, as the railway would facilitate increased oil and gas extraction and transportation from the region. A narrower interpretation of the National Environmental Policy Act would generally favor oil and gas companies by subjecting their projects to less environmental scrutiny.
Anschutz Exploration Corporation, led by Philip Anschutz, has submitted an amicus brief urging the Supreme Court to restrict the scope of environmental reviews. They argue that a broad interpretation of the law enables opponents of oil and gas projects to challenge and delay these initiatives based on speculative impacts.
Justice Gorsuch did not specify his reasons for recusal, but the decision followed concerns raised by Democrats and the watchdog group Accountable.US about his ties to Anschutz, whom he has previously represented in court, and Anschutz’s vested interest in the case.
Other billionaires, such as Kelcy Warren and Ray Davis of Energy Transfer LP, also have a stake in the outcome. Their company has argued that environmental reviews have been “weaponized” by anti-oil and gas groups to block or delay projects, thereby increasing costs.