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U.S. Supreme Court Justice Neil Gorsuch stepped back Wednesday from a National Environmental Policy Act (NEPA) case involving a Utah railway project, following criticism over his past ties to Colorado billionaire Philip F. Anschutz.

Supreme Court Clerk Scott S. Harris announced the recusal in a letter, stating that Justice Gorsuch had determined he would no longer participate in the case in accordance with the judicial code of conduct.

Ethical Concerns Raised

Justice Gorsuch’s decision comes after 13 Democratic lawmakers and several advocacy groups urged him to recuse, citing his prior legal work for Anschutz, whose oil and gas company, Anschutz Exploration Corp., submitted an amicus brief supporting the railway project.

Before joining the bench, Gorsuch represented Anschutz and his businesses, including Qwest Communications, while at Kellogg Hansen Todd Figel & Frederick PLLC. Anschutz also lobbied for Gorsuch’s appointment to the Tenth Circuit Court of Appeals during the George W. Bush administration.

The critics argued that Anschutz’s financial interest in the case and his desired outcome, as reflected in the amicus brief, compromised the justice’s impartiality.

A Controversial Railway Project

At the heart of the case is the 88-mile Uinta Basin Railway Project, a proposed link between Utah’s Uinta Basin and the national rail network to transport crude oil to the Gulf Coast. The Seven County Infrastructure Coalition and Uinta Basin Railway LLC are appealing a D.C. Circuit ruling that invalidated the U.S. Surface Transportation Board’s approval of the project.

The appellate court found that the board failed to consider the full environmental impact, including potential oil spills and derailments. Conservation groups and Eagle County, Colorado, have asked the Supreme Court to uphold the decision, emphasizing the need for stringent environmental review under NEPA.

Calls for Greater Accountability

Rep. Hank Johnson Jr., D-Ga., praised Gorsuch for recusing himself but reiterated the need for stronger judicial ethics rules.

“Congress must establish an enforceable ethics code with a mechanism for deciding ethics issues,” said Johnson, who has sponsored legislation to address Supreme Court ethics. “It’s important for the court to show it’s not beholden to billionaire benefactors.”

While Supreme Court justices are not strictly required to recuse based on amicus briefs, critics argued that Gorsuch’s longstanding ties to Anschutz and prior recusals in related cases warranted his withdrawal.