Supreme Court Justice Samuel Alito Recuses Himself From a Major Climate Case

Supreme Court Justice Samuel Alito has recused himself from Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, a major climate change case scheduled for oral arguments, about a week before the court is scheduled to take up the case.

Supreme Court Clerk Scott Harris announced Alito’s decision on September 28 in a brief letter to the parties, stating that the justice “has determined that he will not continue to participate.” Alito was supposed to hear the case on October 5, the first day of the court’s 2026–27 term.

The letter offered no explanation for the last-minute recusal, which follows months of pressure from environmental activists over Alito’s financial investments in the energy sector, despite him not owning any shares in the case’s parties.

Alito had previously resisted calls to step aside.

The case centers on whether state tort law allows Colorado local governments to hold oil and gas companies financially liable for their alleged contributions to climate change. Boulder County and other local governments are seeking damages from Suncor Energy and ExxonMobil, arguing that the companies contributed to climate-related harm. The Supreme Court’s ruling could affect similar lawsuits filed against energy companies nationwide.

…. Alito’s withdrawal leaves only eight justices to hear the climate case. A potential 4–4 split would leave the lower court’s ruling in place without establishing a nationwide Supreme Court precedent on the legal questions surrounding state climate litigation and federal preemption.

Similar global warming reparation suits are ongoing across the country: Vermont, Connecticut, New York, California, etc. If Colorado succeeds here, Americans will soon be paying billions of additional dollars on their energy bills while the politicians grab the new source of loot and distribute it to their friends and themselves.

Worse, or at least as as bad, money that would have gone to the development of new sources of gas and oil, refineries and pipelines will be confiscated. That’s certainly the goal of people like CT Attorney General Tong who are bringing these suits, but it will be a disaster for the country. Fingers crossed that Justice Roberts doesn’t cave on this issue and side with the three flakes.