# U.S. Supreme Court climate litigation review

> Live situation record from CLSTR: https://clstr.news/situations/us-supreme-court-climate-litigation-review
> Updated: 2026-10-01T16:49:42.000Z. Sources: 13. Developments: 2.

The U.S. Supreme Court is scheduled to hear oral arguments on October 5, 2026, in Suncor Energy Inc. v. County Commissioners of Boulder County. The litigation examines whether the Clean Air Act and the U.S. Constitution preclude local governments and tribes from seeking reimbursements from fossil fuel companies for climate-related damages.

Plaintiffs, including Boulder County, allege that major oil companies such as Exxon engaged in fraud by using internal research to accurately predict global warming while publicly funding climate-denial narratives to delay the energy transition. The plaintiffs seek to recover costs associated with extreme weather, such as flooding and droughts, as well as wildfires. In Colorado, recent wildfires have scorched over 300,000 acres, costing taxpayers an estimated $266 million, amid one of the state’s most severe droughts in 130 years.

Ahead of the arguments, Associate Justice Samuel Alito announced his recusal, describing it as a “difficult judgement call”. The decision follows scrutiny regarding financial interests held by Alito and his wife, Martha-Ann Alito, in the fossil fuel sector. Although Alito does not directly own stock in the primary defendants, ExxonMobil and Suncor, he holds individual stocks in other fossil fuel companies impacted by the ruling. His absence leaves eight justices to hear the case, which may result in a 4-4 split and leave previous Colorado state court decisions intact.

## Timeline

### 2026-10-01: Justice Samuel Alito recuses himself from landmark climate case

Supreme Court Justice Samuel Alito has recused himself from a major climate change lawsuit involving Boulder County due to his family's fossil fuel stock holdings.

9 sources. https://clstr.news/cluster/justice-samuel-alito-recuses-himself-from-landmark-climate-case

### 2026-09-24: U.S. Supreme Court to hear Boulder County climate lawsuit

The U.S. Supreme Court will hear arguments on October 5 regarding whether federal law prevents state courts from holding energy companies liable for climate-related damages.

4 sources. https://clstr.news/cluster/us-supreme-court-to-hear-boulder-county-climate-lawsuit

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Cite as: U.S. Supreme Court climate litigation review. CLSTR, https://clstr.news/situations/us-supreme-court-climate-litigation-review