Justice Alito recuses himself from Supreme Court climate case
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Justice Alito recuses himself from Supreme Court climate case

Sep 28, 2026Updated 6:42pm ET

Supreme Court Justice Samuel Alito has recused himself from Suncor Energy v. Boulder County, an appeal by Exxon Mobil and Suncor asking the Court to stop or limit Boulder, Colorado’s climate-damages lawsuit.

Supreme Court Justice Samuel Alito has recused himself from Suncor Energy v. Boulder County, an appeal by Exxon Mobil and Suncor asking the Court to stop or limit Boulder, Colorado’s climate-damages lawsuit.

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What This is

  • Justice Samuel Alito will not take part in Suncor Energy v. County Commissioners of Boulder County, a major Supreme Court climate case.
  • Alito gave no public reason, but the move followed complaints about his stock holdings in oil and energy companies that could be affected by the case.
  • The case stems from Boulder County, Colorado, suing Exxon Mobil and Suncor and seeking climate-change-related damages.
  • Exxon Mobil and Suncor are asking the Supreme Court to overturn rulings that have allowed the Colorado case to move forward.
  • With Alito out, the Court will have eight justices on the case, increasing the chance of a 4-4 tie that would leave the lower-court decision in place.
  • A split decision could let Boulder’s lawsuit proceed and would shape the path for dozens of similar climate-related cases across the country.

Why This Matters

  • The recusal keeps public focus on when judges should step aside to avoid even the appearance of a financial conflict.
  • The Supreme Court’s handling of these suits will shape whether climate-cost claims are decided in many state courts or shifted into a narrower federal path.
  • If the justices split 4-4, there is no nationwide rule, so similar cases may keep moving forward unevenly across different states.
  • The outcome affects how much legal pressure fossil fuel companies face over past emissions, and how much leverage cities and counties have to seek money for damages.

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