Justice Alito Recuses Himself From Major Supreme Court Climate Case

Justice Alito Recuses Himself From Major Supreme Court Climate Case

đź“… Date: September 28, 2026
📍 Location: Washington, D.C.
đź“° Source: CNN
🏷️ Topic: Supreme Court, Justice Samuel Alito, climate litigation, ExxonMobil and Suncor

U.S. Supreme Court Justice Samuel Alito will not participate in an upcoming case involving ExxonMobil and Suncor Energy, which are seeking to stop a climate-related lawsuit brought by Boulder, Colorado.

The Supreme Court clerk informed attorneys for both sides on September 28 that Alito had decided not to continue participating in the case. The letter did not provide a reason for his recusal. The case is scheduled for oral arguments on October 5, the opening day of the court’s new term.

Alito owns shares in several oil and gas companies, although his latest financial disclosure does not list holdings in ExxonMobil or Suncor. His investments include shares of ConocoPhillips and Phillips 66, which are defendants in separate climate-related lawsuits. Environmental and government-watchdog groups had previously urged Alito to recuse himself.

The Boulder case dates back to 2018, when the city and county sued fossil-fuel companies over alleged climate-related harms. Boulder is seeking to pursue claims under state law, while ExxonMobil and Suncor argue that federal law prevents those claims from moving forward.

The Supreme Court agreed in February 2026 to hear the companies’ appeal after the Colorado Supreme Court ruled in 2025 that federal law did not preempt Boulder’s state-law claims. The justices also asked whether the Supreme Court has jurisdiction to consider the case at this stage.

The dispute could have broader consequences because dozens of state and local governments have brought, or considered bringing, similar lawsuits against fossil-fuel companies. The Trump administration has supported ExxonMobil and Suncor’s position that federal law prevents Boulder’s claims.

Alito previously stepped aside when the litigation reached the Supreme Court at an earlier stage in 2023. His latest recusal means he will not take part in the court’s consideration of the case this term. The Supreme Court has not publicly stated why he made that decision.

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đź“… Date: September 28, 2026
📍 Location: Washington, D.C.
đź“° Source: CNN
🏷️ Topic: Supreme Court, Justice Samuel Alito, climate litigation, ExxonMobil and Suncor

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