Supreme Court Justice Samuel Alito Recuses Himself From Landmark Climate Case

Supreme Court Associate Justice Samuel Alito recused himself from a landmark climate case Monday one week before oral arguments are set to begin.

Supreme Court Clerk Scott Harris informed attorneys Monday that Alito — an appointee of former President George W. Bush — “has determined that he will not continue to participate in this case,” according to a one-sentence letter sent to the parties in Suncor Energy v. County Commissioners of Boulder County. The brief letter simply stated his decision to recuse himself and did not explicitly provide an explanation.

“I am writing to inform the parties that Justice Alito has determined that he will not continue to participate in this case,” the entire text of Harris’ letter states.

Alito owns stock in several oil and gas companies, though not either of the two companies involved in the case, Reuters reported. He initially resisted calls from watchdog and environmental groups to recuse himself — but had previously stepped aside when the litigation reached the Supreme Court at an earlier stage in 2023.

The conservative jurist held thousands of dollars of stock in each of Phillips 66, OGE Energy Corp, Black Hills Corp, BHP Group, Fortis Inc., ConocoPhillips, Woodside Energy Group, AES Corp, Forbes reported citing 2025 financial disclosures.

The Court is scheduled to hear oral arguments Oct. 5 in the closely watched dispute between Boulder, Colorado, and energy giants Suncor Energy and ExxonMobil, according to the court’s October argument calendar. The case will be the first argued before the justices when the court begins its 2026 term.

The case has also drawn roughly 20 amicus curiae briefs, with environmental groups and Democratic-led governments backing Boulder. On the other hand, free speech advocates have raised concerns that imposing liability partly over the companies’ public statements and political advocacy could implicate the First Amendment.

Boulder County and the City of Boulder sued Suncor and ExxonMobil in 2018, alleging the companies’ production, promotion and sale of fossil fuels contributed to climate change and caused local harms, according to the Colorado Supreme Court. The governments brought claims including public and private nuisance, trespass, unjust enrichment and civil conspiracy under the state’s law.

The Supreme Court Public Information Office did not immediately respond to the Daily Caller News Foundation’s request for comment.