Supreme Court Justice Samuel Alito will not participate in a climate change case involving ExxonMobil and Suncor Energy following calls for his recusal over his energy sector stock holdings.

Key facts
- •Justice Alito’s recusal was announced in a letter sent to involved lawyers on Monday.
- •The case involves a Colorado lawsuit brought by the city and county of Boulder against ExxonMobil and Suncor Energy.
- •Alito holds stock in ConocoPhillips and Phillips 66, companies that have warned shareholders about risks from similar climate litigation.
- •Alito previously recused himself from related appeals in 2023, which a court spokesperson later described as an inadvertent action.
- •The Supreme Court is scheduled to hear arguments in the case next week.
Supreme Court Justice Samuel Alito has announced he will no longer participate in a pending climate change case. The decision, disclosed in a letter to lawyers on Monday, follows repeated calls from advocacy groups for his recusal due to his financial holdings in oil and gas companies. The case, which is scheduled for oral arguments next week, involves an effort by ExxonMobil and Suncor Energy to dismiss a Colorado lawsuit seeking damages for climate change impacts.
Financial Holdings and Recusal
While Justice Alito does not own stock in ExxonMobil or Suncor Energy, his financial disclosure reports show he holds shares in ConocoPhillips, Phillips 66, and five other energy sector firms. Activists argued that a ruling favoring the oil companies could benefit the firms in which Alito holds stock, as it might influence similar climate litigation nationwide. Previously, a court spokeswoman stated that Alito’s recusal was not required because he lacked a direct financial interest in the parties involved.
Potential Legal Impact
The Supreme Court currently maintains a 6-3 conservative majority. Alito’s withdrawal creates the possibility of a 4-4 split, which would leave the legal issues in the Colorado case unresolved. The oil and gas industry is seeking a broad ruling that would prevent similar climate lawsuits from proceeding in state courts, potentially avoiding billions of dollars in damages. Meanwhile, some conservatives have requested that Justice Elena Kagan recuse herself from the same case, citing a controversy regarding a climate change chapter in a judicial manual she provided a foreword for.
Timeline
- 2023Justice Alito recused himself when the court turned away an appeal from companies in the Colorado case.
- MayA court spokesperson stated Alito had inadvertently recused himself in the earlier Colorado case.
- Earlier this monthConsumer Watchdog pointed to disclosures from ConocoPhillips and Phillips 66 regarding risks from climate lawsuits.
- MondayA letter was sent to lawyers confirming Justice Alito will not participate in the upcoming case.
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This article was independently rewritten by ManyPress editorial AI from reporting originally published by NBC Politics.


