Samuel AlitoScott HarrisClean Air ActSuncor EnergyPhillips 66Senate Judiciary CommitteeConocoPhillipsSupreme CourtExxon MobilSuncor

Justice Alito recuses from Supreme Court climate case after oil holdings complaints; clerk says he "will not continue to participate"

Justice Samuel Alito has recused himself from the Supreme Court's upcoming climate case involving Boulder, Colorado's lawsuit against Suncor Energy and Exxon Mobil, following complaints about his financial ties to the oil industry. The case, set for October 5, could set significant precedents for climate litigation.

vox.com vox.com+2 sources28 September 2026 · 20:48 UTC
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Justice Samuel Alito's recusal from the Supreme Court's climate case, *Suncor Energy*, comes amid scrutiny over his financial interests in the oil sector.15

The case, which will be heard on October 5, questions whether Boulder, Colorado can sue Suncor and Exxon for climate-related damages.3

"Justice Alito has determined that he will not continue to participate in this case," stated Scott Harris, the Supreme Court clerk.2

This lawsuit could have far-reaching implications, as it may set a precedent for similar claims across the nation.

Boulder officials argue that the oil companies should be held accountable for climate change impacts, while the companies assert that state tort laws are preempted by federal law.

"The court's decision in that case could have broad implications for numerous other lawsuits filed by state and local governments seeking billions of dollars in damages for climate change," experts warn.

Alito's recusal follows pressure from environmental groups, who highlighted his stock holdings in ConocoPhillips and Phillips 66.

"There is no apparent reason for this change in Justice Alito's recusal practices," critics noted, referencing earlier statements that he did not need to recuse himself.

The Supreme Court's code of conduct mandates recusal when a justice's impartiality might reasonably be questioned, particularly in cases involving financial interests.

As the court opens its new term, the outcome of *Suncor Energy* could reshape the landscape of climate litigation in the U.S.

Key Insight
“The case, Suncor Energy v. Boulder, is set for argument on October 5 and could determine whether state courts can hear climate lawsuits seeking billions in damages. Alito's financial disclosure showed holdings in ConocoPhillips and Phillips 66, prompting watchdog groups to demand a Senate Judiciary Committee investigation in May.”
CuriousCats studied:
1
vox.comvox.com
“In *Suncor*, city and county officials in Boulder, Colorado sued the oil behemoth Exxon Mobil, along with a company named Suncor that operates two oil refineries in Colorado.”
vox.com →
2
CNN
“Supreme Court Justice Samuel Alito announced Monday that he will recuse himself from a the court is set to hear next week, following weeks of pressure from environmental groups that argued he was compromised by his financial holdings in the oil and gas industry.”
CNN →
3
SCOTUSblog
“The Supreme Court on Monday that Justice Samuel Alito will not continue to participate in , a significant dispute that will be argued in just one week, on Monday, Oct. 5, the first day of the .”
SCOTUSblog →
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