Justice Alito Recuses From Supreme Court Climate Case

Supreme Court Justice Samuel Alito has recused himself from a major climate case involving a lawsuit by Boulder, Colorado, and its surrounding county against Suncor Energy and ExxonMobil.

In a letter to the parties, Supreme Court Clerk Scott Harris said Alito had “determined that he will not continue to participate in this case.” The court did not initially disclose a reason. Bloomberg later reported that Alito described recusal as “prudent” but not required.

The case, scheduled for argument Oct. 5, concerns whether federal law prevents state-law claims seeking damages for alleged climate-related harms. A Colorado trial court rejected the companies’ motion to dismiss, and the state Supreme Court upheld that decision. Suncor and ExxonMobil argue that state courts are not the proper venue for addressing the global issue of climate change.

Environmental and consumer groups had urged Alito to withdraw because he owns shares in other oil companies, including ConocoPhillips and Phillips 66. His latest disclosure shows no holdings in Suncor or ExxonMobil. Earlier this year, a Supreme Court spokesperson said Alito had no financial interest in any party and had been advised that recusal was unnecessary.

Alito’s absence leaves eight justices to decide the case. If they split 4-4, the Colorado Supreme Court ruling allowing the lawsuit to proceed would remain in place.