Justice Alito steps aside from landmark Supreme Court climate case against Exxon and Suncor
Justice Samuel Alito will not take part in the Supreme Court's biggest climate case this term, reversing his earlier refusal to step aside after pressure over his oil-stock holdings.
US Supreme Court Justice Samuel Alito will not take part in one of the most consequential climate cases ever to reach the court, reversing course on a recusal question that has dogged him for years.
Alito will sit out the court’s consideration of Suncor Energy v. Boulder County, in which ExxonMobil and Suncor Energy are trying to scuttle a lawsuit brought by Boulder, Colorado, seeking to hold oil companies liable for fuelling climate change. Oral arguments are set for 5 October, the first day of the court’s new term.
Lawyers on both sides were informed of the decision on Monday in a letter from Scott Harris, the clerk of the Supreme Court. Harris gave no rationale, writing only that “Justice Alito has determined that he will not continue to participate in this case.”
Alito holds stock in several oil and gas companies — including ConocoPhillips and Phillips 66, both defendants in separate but similar climate lawsuits — though not in Exxon or Suncor. Environmental groups and watchdogs had pressed him for months to step aside; in May he told NBC News through a court spokeswoman that he “does not have a financial interest in any party” and that his recusal was not required. He had stepped aside when the litigation was before the court at an earlier stage in 2023.
The case could determine the fate of dozens of state and local climate lawsuits against fossil fuel companies. Boulder sued Exxon and Suncor in 2018, alleging they violated state law by misleading the public about the environmental effects of fossil fuels. The Trump administration has backed the companies’ argument that federal law pre-empts the state claims.
With a 6-3 conservative majority, Alito’s absence opens the possibility of a 4-4 split, which would leave the underlying legal questions unresolved.
Sources
- Reuters — “US Supreme Court’s Alito won’t participate in climate case involving oil companies” (28 Sept 2026)
- USA Today — “Supreme Court Justice Alito steps aside from landmark climate change case” (28 Sept 2026)
- Reason (Volokh Conspiracy) — “As Suncor Approaches, Justice Alito Recuses” (28 Sept 2026)
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