By John Kruzel and Andrew Chung
WASHINGTON (Reuters) – U.S. Supreme Court Justice Neil Gorsuch will not participate in an environmental case to be argued next week involving a proposed railway in Utah, the court said on Wednesday, a move that followed a call by some Democratic lawmakers for him to recuse over a possible conflict of interest.
The one-paragraph announcement made public by a court official came in a letter addressed to lawyers in the case due to be argued next Tuesday. The other eight justices will hear and decide the case.
Gorsuch decided to withdraw from participating in the case consistent with the code of conduct adopted by the court last year, the statement said, but provided no further explanation.
U.S. congressman Hank Johnson and 12 other Democratic lawmakers sent a letter to Gorsuch on Nov. 21 urging his withdrawal because businessman Philip Anschutz, a former legal client of the justice, has “a direct financial interest in the outcome” of the case. The lawmakers said that the Anschutz Exploration Corporation and other companies tied to the businessman could be affected by the case.
Johnson, who has called for stiffer ethics requirements at the Supreme Court, applauded Gorsuch on Wednesday for his recusal decision, calling it “the right and honorable thing.”
“It is important that the court show the public that it is not in the pocket of billionaire benefactors,” Johnson added. “That said, I believe we need a system that does not just rely on individual justices to do the right thing in every case.”
The court last year announced its first code of conduct for the justices amid revelations related to undisclosed luxury trips and other financial ties to wealthy benefactors, though it lacked any enforcement mechanism.
The case from which Gorsuch withdrew involves a bid by a group of counties in Utah to build a railway line to connect the Uinta Basin in northeastern Utah to an existing freight rail network that would be primarily used to transport waxy crude oil.
The case tests the scope of environmental impact studies that federal agencies must conduct under a 1970 federal law called the National Environmental Policy Act, which is aimed at preventing environmental harms that might result from major projects.
(Reporting by John Kruzel; Editing by Will Dunham)
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