Justice Samuel Alito Recuses From Major Climate Case Before Supreme Court

Supreme Court Justice Samuel Alito is recusing himself from a climate crisis-related case before the court this year, reversing his previous announcement that he would remain on the case.

Clerk of Court Scott Harris sent the announcement to attorneys on both sides of the pending matter on Monday, stating, "I am writing to inform the parties that Justice Alito has determined that he will not continue to participate in this case." The letter provided no explanation for Alito's decision. The case, Suncor Energy Inc. v.

County Commissioners of Boulder County, is scheduled for oral arguments on October 5, the first day of the court's new term. It involves ExxonMobil and Suncor Energy, which seek to have a Colorado-based lawsuit against them dropped, citing federal law they claim supersedes state statutes. State municipalities, including Boulder County and the City of Boulder, are suing the companies to hold them financially liable for the impacts of the climate crisis and for allegedly misleading the public about the planet-heating effects of fossil fuels.

The Boulder County and City lawsuit against Exxon and Suncor was filed in 2018. Alito does not hold financial stakes in ExxonMobil or Suncor Energy. However, he holds stocks in other fossil fuel-based companies, including ConocoPhillips and Phillips 66. Earlier this year, Alito stated he would not recuse himself, with a court spokesperson saying in May that he had no financial interest in any party to the case and court counsel advised recusal was not required.

In September, weeks before oral arguments, Consumer Watchdog found that shareholders, including Alito, had received warnings from the two companies that climate lawsuits could adversely impact their businesses and investments. A coalition of progressive watchdog groups, including MoveOn, the Center for Progressive Reform, the Alliance for Justice, the Center for Media and Democracy, and Free Speech For People, pushed for Alito's recusal.

In May, these groups submitted evidence to Congress and asked the Senate Judiciary Committee to investigate Alito's investments in oil and gas companies, citing his inconsistent history of recusals. Alexandra Nagy, organizing director for Consumer Watchdog, reacted positively to Alito's decision.