Justice Samuel Alito recuses himself from landmark climate case

U.S. Supreme Court Associate Justice Samuel Alito has recused himself from the landmark climate change case, Suncor Energy v. County Commissioners of Boulder County. The decision comes one week before oral arguments are scheduled to begin.

Alito’s recusal follows scrutiny regarding his and his wife Martha-Ann Alito’s financial interests in the oil and gas industry. While Alito does not directly own stock in the two primary companies involved in the Boulder lawsuit—ExxonMobil and Suncor—he holds individual stocks in other companies within the fossil fuel sector that face legal challenges directly impacted by this ruling.

Alito described the decision as a “difficult judgement call” and noted that the Supreme Court’s legal office had previously informed him that recusal was not required. The case involves a lawsuit by Boulder, Colorado, seeking to recover costs related to climate change impacts, such as extreme weather and wildfires, from oil companies. His absence leaves eight justices to hear the case, which could result in a 4-4 split, potentially leaving the Colorado Supreme Court’s previous decision in place.