Justice Alito Recuses Himself From Major Climate Case
Justice Samuel Alito will not participate in a major climate case the Supreme Court hears October 5. The court's clerk informed the parties Monday in a letter that offered no explanation.
- Alito holds stock in ConocoPhillips and Phillips 66, plus five other energy firms.
- Neither Exxon Mobil nor Suncor Energy — the two defendants — appear in his holdings.
- In May, a court spokesperson told NBC News his recusal was not required.
- Alito also did not participate when the court rejected an earlier appeal in the same case in 2023.
Why it matters: The case asks whether Boulder, Colorado, may sue Exxon and Suncor under state tort law for climate-related damages, or whether federal law blocks such suits.
- A broad ruling favoring the companies could halt dozens of similar state and local lawsuits nationwide.
- With Alito out, the remaining eight justices could split 4-4, leaving the key legal questions unresolved.
How 16 sources split on this story
Where they split: The central disagreement is whether Alito's indirect financial exposure to companies outside the case was sufficient grounds for recusal.
Center coverage, 6 sources: The center presents the recusal as a procedural development, noting Alito's earlier 2023 step-aside and the case's potential to reshape climate litigation broadly.
Reuters2hUS Supreme Court's Alito won't participate in climate case involving oil companies
CNBC44mSupreme Court Justice Alito will not participate in big climate change case next week
Forbes2hSamuel Alito Recuses From Major Supreme Court Case After Fossil Fuel Investments Come Under Fire
Newsweek39mJustice Alito steps aside from major Supreme Court climate case
The Hill1hAlito recuses from case that could toss climate suits against oil companies
USA Today29mSupreme Court Justice Alito steps aside from landmark climate change caseLeft coverage, 5 sources: The left frames the recusal as a reversal driven by sustained pressure from watchdog and environmental groups, and flags years of concern about Alito's financial ties to the energy sector.
CNN2hJustice Alito recuses himself from major climate change case after complaints about his oil and gas holdings
NBC News2hIn reversal, Justice Samuel Alito steps aside from major climate case
CBS News7mAlito recuses from major climate change case to be decided by the Supreme Court
Politico1hAlito bows out of blockbuster Supreme Court climate case
Raw Story50mAlito makes ‘major U-turn’ days before Supreme Court opens new term
Daily Mail42mJustice Alito makes abrupt U-turn on major Supreme Court case
Just the News20hAlito recuses self in climate suit
Reason56mAs Suncor Approaches, Justice Alito RecusesTRSThe Right Scoop1hBREAKING REVERSAL: Justice Alito RECUSES from major climate case...
Washington Examiner27mJustice Alito recuses himself from major Supreme Court climate change caseWhat’s next: Oral arguments are scheduled for October 5, the first day of the court's new term.
- The court has not said whether a replacement justice will be designated.
- Why did Alito change his position after the court said in May his recusal was not required?
- Would a 4-4 tie bind only the lower court's ruling or set broader precedent?
- Will the oil companies or Boulder officials seek any procedural response to the recusal?