Alito Recuses From Supreme Court Climate Case Over Boulder Lawsuit

Supreme Court Justice Samuel Alito has recused himself from a major climate-change case involving Boulder, Colorado, after environmental and advocacy groups raised concerns about his investments in oil companies.

In a letter to the parties, the Supreme Court clerk said Alito had “determined that he will not continue to participate in this case.” The letter did not give a reason. Bloomberg reported that Alito described stepping aside as prudent but not required.

The case concerns a lawsuit filed by the city and county of Boulder against Suncor Energy and ExxonMobil. Boulder alleges that fossil-fuel companies misled the public about their products’ contribution to climate change and seeks compensation for related costs. The companies argue that state courts are not the proper venue for addressing global climate change and contend that federal law and constitutional separation-of-powers principles preempt the claims.

Alito does not own stock in Suncor or ExxonMobil, but financial disclosures show holdings in other oil companies, including ConocoPhillips and Phillips 66. Earlier this year, a Supreme Court spokesperson said recusal was not required because Alito had no financial interest in the companies that are parties to the case.

The Supreme Court agreed in February to hear the companies’ appeal. Its ruling could affect numerous similar lawsuits in which state and local governments are seeking billions of dollars in climate-related damages.