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Justice Alito steps aside from the Boulder climate case
Washington, District of ColumbiaPublished 29 Sep 2026
Collection of the Supreme Court of the United States, Photographer: Steve Petteway / Wikimedia Commons, Public domain · source
Justice Samuel Alito will not take part in Boulder’s suit against Suncor and Exxon, set for argument Oct. 5. The court gave no reason.
On Sept. 28, 2026, Justice Samuel Alito recused from Suncor Energy v. Boulder County, the first argument of the Supreme Court’s new term. Clerk Scott Harris’s letter gave no reason. Alito owns ConocoPhillips and Phillips 66 stock, not Exxon or Suncor, and in May the court said recusal was not required. Watchdogs called the step overdue. With Alito out, a 4-4 court is possible. The companies, backed by the Trump administration, argue that state courts are the wrong forum for climate damages.
Disputed facts
None yet.
Disputed opinions
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Samuel Alito steps aside in a major climate case amid scrutiny over oil stock holdings
Published 28 Sep 2026 accessed 29 Sep 2026
Facts
The companies’ appeal is backed by the Trump administration.
The energy companies argue that the lawsuits pose a serious threat to the industry.
Alexandra Nagy pointed to the court’s ethics code, which says a justice should step aside over a subject matter or controversy.
Opinion
No opinion marked.
Alito recuses from major climate change case to be decided by the Supreme Court
Published 28 Sep 2026 accessed 29 Sep 2026
Facts
Boulder says Exxon Mobil and Suncor engaged in unchecked production, promotion, refining, marketing, and sale of fossil fuels.
Boulder says that use led to a rise in greenhouse gases in the atmosphere.
The Supreme Court will weigh whether to block the lawsuit from moving forward in state court.
Boulder says the higher greenhouse-gas concentration has warmed the atmosphere and oceans and caused extreme heat, larger and more frequent wildfires, and ecosystem changes.
The energy companies unsuccessfully tried to move the case to federal court.
The Colorado Supreme Court allowed Boulder’s case to proceed.
Exxon Mobil is the nation’s largest oil company.
The energy companies then sought to have the case dismissed.
Suncor Energy operates two refineries in Colorado.
Opinion
CBS News says the recusal is likely because Justice Alito has stock holdings in oil and gas companies.
Alito recuses from case that could toss climate suits against oil companies
Published 28 Sep 2026 accessed 29 Sep 2026
Facts
Justice Alito had previously taken part in the vote to hear the dispute.
Justice Alito recuses more frequently than any of his colleagues.
Justice Alito’s recusal decisions are typically announced earlier.
The Supreme Court’s new term begins next Monday.
The case asks whether federal law preempts state-level claims of climate-related injury.
Justice Alito’s disclosures describe a mineral interest in Grady County, Okla.
Justice Alito owns stock in roughly two dozen companies.
The Hill’s docket analysis says Justice Alito has recused this term from 22 petitions the court turned away and from another case the court took up.
Justice Alito’s investments regularly prompt him to step aside as the court reviews thousands of petitions each year.
The oil companies argue that Boulder’s damages suit attempts to influence energy policy for the entire country.
Boulder has said it has a right to hold the companies accountable for harms they have caused.
Justice Alito’s recusal in that other granted case also came unusually late.
The announcement of that earlier recusal blamed the parties.
One of the companies claimed it was withdrawing from that suit.
Justice Alito said that claimed withdrawal turned out not to be true.
The Hill requested additional comment from Justice Alito through the court’s public information office.
Opinion
The Hill describes the case as a blockbuster attempt to use state law to force the industry to pay billions in damages.
The Hill calls the case one of the most closely watched disputes of the coming term.
In reversal, Justice Samuel Alito steps aside from major climate case
Published 28 Sep 2026 accessed 29 Sep 2026
Facts
Justice Alito also holds stock in five other energy-sector firms, his disclosure says.
NBC News says a 4-4 split would leave the major legal issues unresolved.
Justice Alito also did not participate in those cases.
Justice Elena Kagan told lawmakers she never read the chapter.
Justice Elena Kagan wrote a brief foreword to the manual.
Opinion
NBC News says a ruling could have broad nationwide implications.
Alito bows out of blockbuster Supreme Court climate case
Published 28 Sep 2026 accessed 29 Sep 2026
Facts
The spokesperson said the case was considered with other cases in which Justice Alito had a financial interest in the parties.
The Supreme Court has not acknowledged those recusal requests.
Chief Justice John Roberts is the other justice with those individual-company investments.
Chief Justice John Roberts holds a few stocks, none in the energy sector.
Opinion
Alexandra Nagy said the public should not have to wonder whether a justice’s investments could benefit from a ruling that shields the fossil-fuel industry from liability.
Politico describes those calls as part of a broader effort to discredit a judicial educational manual.
US Supreme Court's Alito won't participate in climate case involving oil companies
Published 28 Sep 2026 accessed 29 Sep 2026
Facts
No unique facts.
Opinion
No opinion marked.
Supreme Court Justice Alito steps aside from landmark climate change case
Published 28 Sep 2026 accessed 29 Sep 2026
Facts
The case asks whether local governments may go after fossil-fuel companies for harms caused by climate change.
The court has six Republican-appointed justices.
Boulder says the companies should help cover the community’s costs from climate change.
The companies deny the allegations.
USA Today says a 4-4 split would mean the oil companies’ appeal fails and Boulder’s lawsuit proceeds.
Consumer Watchdog argued that a justice should not participate if his impartiality might reasonably be questioned.
Justice Alito did not participate in the court’s 2025 rejection of a similar Hawaii appeal involving ConocoPhillips and Phillips 66.
Opinion
Alexander Nagy said Justice Alito has been told that Suncor v Boulder can stop those lawsuits and remove the risk to his investments.
USA Today calls the case one of the biggest the court will consider this term.
USA Today says climate change is one of the most significant issues facing the nation and the world.
Gabe Roth of Fix the Court said justices should be required to explain their recusals.
Gabe Roth asked whether Justice Alito is stepping aside because clerks found a connection to companies whose shares he owns.
Gabe Roth asked whether this is a case where open questions about Justice Alito’s impartiality demand recusal.