Supreme Court Justice Samuel Alito Withdraws from Climate Change Case

Supreme Court Justice Samuel Alito will not participate in a significant climate change case involving two oil companies and a few local governments in Colorado, as announced by the court on Monday—just a week before the case is set for arguments.

According to a letter from Supreme Court Clerk Scott Harris, Alito has chosen to “not continue to participate” in the case of Suncor Energy Inc. v. County Commissioners of Boulder County. The letter did not specify the reason behind his decision. The arguments are scheduled for October 5, kicking off the court’s new term.

This case arises from a lawsuit filed by Boulder County and other local governments in Colorado against Suncor Energy and ExxonMobil, seeking damages under state law for the companies’ alleged contributions to climate change. The oil companies are asking the Supreme Court to determine if federal law restricts local governments from pursuing these claims.

Alito’s withdrawal follows months of scrutiny regarding his involvement. Back in May, a coalition of 30 organizations urged the Senate Judiciary Committee to investigate Alito’s participation, citing his financial interests in oil and gas companies. Additionally, it was noted that he had recused himself from a prior Supreme Court decision linked to the same companies but participated when the court decided in February to hear the latest appeal.

A spokesperson for the Supreme Court had previously stated that Alito had no financial stake in any party involved in the case, and legal counsel informed him that recusal was not necessary. It’s unclear what prompted his change of heart as indicated in Monday’s announcement.

According to the Supreme Court’s code of conduct, a justice should recuse themselves if there’s a reasonable question regarding their impartiality, particularly if they have a financial interest in any involved party or the case. However, the court has not clarified whether these factors played a role in Alito’s decision regarding Suncor.

Interestingly, Alito also withdrew from another oil industry case earlier this year just before arguments were set to begin. During that situation, it was explained that he held a financial interest in ConocoPhillips, a subsidiary of which was still part of the lower court proceedings despite opting out of the Supreme Court deliberations. Unlike that case, there has been no similar explanation provided for his retreat from the Colorado case.