Brief
Supreme Court Justice Alito Recuses Himself From Climate‑Change Suit Against Exxon and Suncor
Alito’s withdrawal comes a week before the Court will hear arguments in a case that could set precedent for local governments suing fossil‑fuel producers.
By Felo News Desk · Published
Justice Samuel Alito has announced that he will not participate in the Supreme Court case that pits Boulder, Colorado, against Exxon Mobil and Suncor Energy. The decision was communicated in a letter from Supreme Court clerk Scott Harris to the parties’ lawyers on Monday, September 28.
The lawsuit, filed in 2018, alleges that the two energy companies engaged in “unchecked production, promotion, refining, marketing and sale of fossil fuels,” and concealed the dangers of fossil‑fuel use. Boulder claims the resulting climate change has cost the city and county billions in property damage and mitigation costs.
Alito’s recusal follows a brief note that he has determined he will not continue to participate in the case. No reason was given, but his 2025 financial disclosure shows he holds stock in ConocoPhillips and Phillips 66, both oil and gas firms. The Justice does not own shares in Exxon or Suncor.
The case will be heard in the Court’s new term, which begins on October 2. It will test whether the Court has jurisdiction to review the Colorado Supreme Court’s decision that allowed Boulder’s claims to proceed under state law, and whether the Clean Air Act and the Constitution bar the lawsuit.
Should the Court rule in favor of the city, it could open the door for similar lawsuits by states and localities against fossil‑fuel producers, potentially leading to billions in damages for climate‑related harms.
Key facts
- Justice Alito will not participate in the Supreme Court case involving Boulder, Colorado, Exxon Mobil and Suncor Energy (cbsnews.com)
- The lawsuit alleges the companies engaged in unchecked fossil‑fuel production and concealed dangers (cbsnews.com)
- Alito’s 2025 financial disclosure shows stock holdings in ConocoPhillips and Phillips 66 (cbsnews.com)
- The case will be heard in the Court’s new term beginning October 2, 2026 (cbsnews.com)
- The lawsuit seeks billions in damages for climate‑related costs to Boulder (cbsnews.com)
Background
The case follows a broader trend of local governments suing fossil‑fuel producers for climate damages. Earlier this year, the Supreme Court upheld mail‑ballot rules for the 2026 midterms, and Palau’s president called for global climate action.
Why it matters
A ruling could set precedent for climate‑damage lawsuits against major energy companies.
What happens next
The Supreme Court will hear arguments on October 2, 2026.
Sources
- [1] cbsnews.com — originally reported as “Alito recuses from major climate change case to be decided by the Supreme Court”
