Justice Samuel Alito of the Supreme Court has decided to recuse himself from an important climate case just a week prior to the scheduled oral arguments.
According to a letter from Supreme Court Clerk Scott Harris, Alito—a justice appointed by former President George W. Bush—has opted not to participate in Suncor Energy v. County Commissioners of Boulder County. The brief letter announcing this decision did not elaborate on the reasons behind it.
Harris’ letter simply states, “I am writing to inform the parties that Justice Alito has determined that he will not continue to participate in this case.”
Alito reportedly holds stock in various oil and gas companies, although not in the two specifically involved in this case, as indicated by Reuters. Initially, he resisted pressures from environmental and watchdog organizations to withdraw, although he had previously recused himself at an earlier phase of this litigation in 2023.
His financial disclosures from 2025 show substantial investments in companies like Phillips 66, OGE Energy Corp, Black Hills Corp, and others, amounting to thousands of dollars.
The Supreme Court is set to hear arguments on October 5 in this closely monitored legal battle involving Boulder, Colorado, and energy companies Suncor Energy and ExxonMobil. This case marks the first oral argument of the Supreme Court’s 2026 term.
There’s been significant interest surrounding the case, with about 20 amicus curiae briefs submitted; these range from support for Boulder from environmental groups and Democratic-led administrations to concerns from free speech advocates about the implications of imposing liability on the companies for their public statements and political activities.
Boulder County and the City of Boulder initiated their lawsuit against Suncor and ExxonMobil in 2018, asserting that the companies’ operations and promotion of fossil fuels have exacerbated climate change and led to local damages. Their legal claims include public and private nuisance, trespass, unjust enrichment, and civil conspiracy based on state laws.
The Supreme Court’s Public Information Office did not provide an immediate response regarding this development.
Bad news for Exxon, and a win for the power of public pressure calling out the blatant corruption of the Roberts Court:
Justice Alito is stepping down from further participating in Suncor v. Boulder, a week before oral arguments.
We’ve been calling for his recusal for YEARS. pic.twitter.com/eabLATCxHg
— Revolving Door Project (@revolvingdoorDC) September 28, 2026
The Colorado Supreme Court permitted Boulder’s lawsuit against Suncor and ExxonMobil to proceed in 2025, leading to a significant discussion in the Supreme Court on whether states can use their own laws to seek compensation for damages linked to emissions that have global repercussions.
Boulder County and the City of Boulder argue that they are entitled to damages under Colorado tort law for the impacts of climate change. In contrast, Suncor and ExxonMobil maintain that claims regarding interstate and international greenhouse gas emissions fall under federal jurisdiction, making them unsustainable through state tort systems.
This case has implications that extend well beyond Colorado, with potential consequences for similar lawsuits nationwide. Advocates for climate litigation are considering using consumer protection and state tort laws as ways to continue pursuing accountability for fossil fuel companies, even if the Supreme Court imposes restrictions on such legal actions.
Alito’s decision to recuse himself comes amid increased scrutiny of the connections between the climate litigation network and the judiciary. In Hawaii, a watchdog organization has sought access to records concerning interactions between climate advocates, academics, and judges through various educational initiatives. Mark Recktenwald, a former Chief Justice in Hawaii, has previously revealed his participation in environmental education programs that were linked to the Environmental Law Institute, which co-founded the Climate Judiciary Project.
