Justice Samuel Alito Recuses Himself From Major Climate Case Ahead of Oral Arguments

The useful part

Supreme Court Clerk Scott Harris informed attorneys Monday that Alito — an appointee of former President George W. Bush — "has determined that he will not continue to participate in this case," according to a one-sentence letter sent to the parties in Suncor Energy v. The brief letter simply stated his decision to recuse himself and did not explicitly provide an explanation.

How it works

• 5 in the closely watched dispute between Boulder, Colorado, and energy giants Suncor Energy and ExxonMobil, according to the court's October argument calendar.
• Alito's recusal follows growing scrutiny over the climate litigation network's connections to the judiciary.
• In Hawaii, a watchdog group has sought records concerning interactions between climate advocates, academics and judges through judicial education programs.
• The case could affect similar climate lawsuits across the country, while climate litigation advocates have discussed using consumer protection and state tort laws to continue pursuing fossil fuel companies...
• "I am writing to inform the parties that Justice Alito has determined that he will not continue to participate in this case," the entire text of Harris' letter states.

What to take from it

Alito owns stock in several oil and gas companies, though not either of the two companies involved in the case, Reuters reported. The case will be the first argued before the justices when the court begins its 2026 term. The case has also drawn roughly 20 amicus curiae briefs, with environmental groups and Democratic-led governments backing Boulder.

Example or evidence

• The governments brought claims including public and private nuisance, trespass, unjust enrichment and civil conspiracy under the state's law.
• ExxonMobil to move forward in 2025, setting up a Supreme Court battle over whether states can use their own laws to seek damages for alleged harms tied to emissions produced around the world.
• Boulder County and the City of Boulder sued the energy companies in 2018, seeking damages under Colorado tort law for alleged climate-related harms.
• Suncor and ExxonMobil argue claims involving interstate and international greenhouse gas emissions are governed by federal law and cannot be imposed through an individual state's tort system.

Details worth keeping

The conservative jurist held thousands of dollars of stock in each of Phillips 66, OGE Energy Corp, Black Hills Corp, BHP Group, Fortis Inc., ConocoPhillips, Woodside Energy Group, AES Corp, Forbes reported citing 2025 financial disclosures. Boulder County and the City of Boulder sued Suncor and ExxonMobil in 2018, alleging the companies' production, promotion and sale of fossil fuels contributed to climate change and caused local harms, according to the Colorado Supreme Court. The state's former Supreme Court Chief Justice Mark Recktenwald previously disclosed participating in environmental education programs connected to the Environmental Law Institute, which co-founded the Climate Judiciary Project.

Related coverage

• Feedblitz: Justice Samuel Alito Jr., who has long held stock in the oil and gas sector, will not hear a major case next week over whether municipalities may sue energy companies in state court for alleged damages...
• Washingtontimes: Justice Samuel A. Alito Jr. will recuse himself when the Supreme Court hears a major climate change case next week.