Alito Makes Last-Minute Decision To Recuse Himself From Landmark Climate Chase Case

In a major reversal, Justice Samuel Alito has announced he will not take in oral arguments next week in Suncor Energy v. County Commissioners of Boulder County, a landmark case over whether state and local governments can sue fossil fuel companies for climate change damages.The Supreme Court’s clerk, Scott Harris, alerted the lawyers involved in the case in a one-sentence letter that Justice Alito would not continue to participate in a case that could have far-reaching implications involving states’ rights under the Constitution. Approximately 60 states and localities have brought near-identical suits to hold fossil-fuel producers liable for alleged past and future climate-related harms. The court is scheduled to hear oral arguments in the Boulder case on October 5.Justice Alito does not own stock in ExxonMobil or Suncor Energy but critics complained that he has a conflict of interest because he directly holds stock in other energy companies such as ConocoPhillips, Phillips 66, and OGE Energy Corp. Justice Alito and Chief Justice John Roberts are the only justices who own individual stocks, according to their 2025 financial disclosure forms.In May, a Supreme Court spokeswoman said Justice Alito did not have a conflict in the case and would not step aside. “Justice Alito does not have a financial interest in any party,” the spokeswoman said in a statement to NBC News. “His recusal is not required,” the statement continued. Justice Alito had recused himself from a 2023 petition in the same case. The spokeswoman said Justice Alito was “inadvertently recused.”Now, a week before the case will be heard, only eight justices will take part.“Bad news for Exxon, and a win for the power of public pressure calling out the blatant corruption of the Roberts Court,” a group that had taken issue with Justice Alito being involved in the case, Revolving Door Project, said in an X post. “We’ve been calling for his recusal for YEARS,” the post continued.Recusal is not uncommon at the court, according to the National Constitution Society but it is less common in cases that are selected for oral arguments. Stock ownership is among the most common reasons. Justices are not required to explain why they recuse themselves from any case.Boulder County says it has a right to seek damages from Exxon Mobil and Suncor Energy to hold them accountable for harms they have caused. The companies argue that state-law claims are superseded by federal environmental laws, including the Clean Air Act. “Seeking injury in the form of physical harms allegedly caused by global emissions, as petitioners do, is just an indirect method of regulating interstate and international emissions,” lawyers for the companies wrote in a brief.President Trump’s solicitor general, John Sauer, will take part in the arguments. The Trump administration says individual states shouldn’t be able to regulate nationwide energy policy.The Supreme Court decision is expected to impact all of the similar lawsuits the fossil fuel industry faces over alleged climate change damages. Conservatives hold a six-three majority on the bench, so Justice Alito’s recusal might not impact the decision on the case testing the limits on states’ authority.

Alito Makes Last-Minute Decision To Recuse Himself From Landmark Climate Chase Case

Alito Makes Last-Minute Decision To Recuse Himself From Landmark Climate Chase Case

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