Justice Alito Recuses Himself from Major Climate Case Against Exxon and Suncor
Quick Look
Supreme Court Justice Samuel Alito has recused himself from a major climate change lawsuit involving Exxon Mobil and Suncor Energy, reversing his prior stance and creating the possibility of a 4-4 tie that would uphold a lower court ruling allowing the case to proceed to trial.
AI-generated summary
Why It Matters
Justice Alito had previously declined to recuse himself from the climate case despite calls from environmental groups over his oil and gas stock holdings. His financial disclosures show no direct stock in Exxon or Suncor, but broader investments in the sector prompted ethical concerns.
Supreme Court Justice Samuel Alito, in a surprising reversal, has recused himself from participating in a major climate-change case the Supreme Court is set to hear next week, which involves the oil companies Exxon Mobil and Suncor Energy .
Environmental groups had called on Alito, one of the court's six conservative justices, to not participate in the case because of his holdings of stock in oil and gas companies. Alito does not hold stock in Exxon Mobil or Suncor Energy, according to his most recent financial disclosure for 2025.
Alito previously refused to step off the case after the Supreme Court accepted it for consideration earlier this year. However, in 2023, he did not participate in the court's decision not to consider jurisdictional questions raised by the companies in the same case.
The case, known as Suncor Energy (USA) Inc. v. County Commissioners of Boulder County, is focused on the question of whether federal law precludes claims made under state law seeking damages for injuries allegedly caused by climate change to greenhouse gas emissions.
The case is set to be argued on Oct. 5.
"I am writing to inform the parties that Justice Alito has determined that he will not continue to participate in this case," Scott Harris, the clerk of the Supreme Court, wrote lawyers for the parties in the case, on Monday.
Alito's sudden recusal sets up the possibility of a 4-4 split ruling on the Supreme Court in the case. A tie in a Supreme Court decision leaves in place the lower-court decision that was being appealed.
The case involves a lawsuit by the city of Boulder, Colorado, and its surrounding county, that seeks damages for alleged harms from the effects of global climate change. A trial court denied a motion to dismiss that was filed by Suncor and Exxon, and the Colorado state Supreme Court affirmed that ruling, allowing the suit to head to trial.
If the Supreme Court rules against the oil companies, the case would proceed toward trial.
In May, a Supreme Court spokeswoman told NBC News that Alito would not step aside from the case.
"Justice Alito does not have a financial interest in any party" involved in the case, the spokeswoman told NBC News at the time.
She added that the Supreme Court's legal counsel had advised Alito that "his recusal is not required," according to NBC.
What to Watch
AI outlook — possibilities, not facts
The Supreme Court will issue a 4-4 tie decision in the case due to Justice Alito's recusal
Likely · Within weeks
The lower court ruling allowing the climate lawsuit to proceed to trial will be upheld if the Supreme Court deadlocks
Very likely · Within weeks
Open Questions
- What specific financial holdings prompted Justice Alito's recusal?
- Will the recusal lead to a 4-4 Supreme Court tie, and if so, what are the implications for climate liability law?
- How will the lower court ruling stand if the Supreme Court deadlocks?
