Alito Recuses From Climate Case

The story so far

As of September 28, 2026

Justice Samuel Alito has stepped aside from Suncor Energy v. County Commissioners of Boulder County, a closely watched climate case set for argument Oct. 5 as the Supreme Court opens its new term. The court’s clerk told the parties that Alito will not continue to participate and gave no reason. Alito had taken part when the court agreed in February to hear the oil companies’ appeal.

His decision leaves eight justices to decide a threshold question that could shape climate litigation nationwide: whether Boulder’s state‑law claims for damages against ExxonMobil and Suncor can go forward, or whether federal law blocks suits like this. With eight justices, a 4–4 split would leave the Colorado Supreme Court’s ruling in place without creating a national rule, allowing Boulder’s case to proceed and signaling how other similar cases may move in state courts.

The step follows sustained scrutiny of Alito’s financial ties to the energy sector. He does not own shares in ExxonMobil or Suncor, but his disclosures list holdings in other oil and gas companies, and he previously sat out related oil‑industry cases. In May, a coalition of watchdog groups asked the Senate Judiciary Committee to investigate his participation, citing those holdings and his 2008 private jet trip with Paul Singer, whose firm Elliott Investment Management owns more than 52 million Suncor shares worth over $2.3 billion. Earlier this year, court staff had said Alito had no financial interest in the parties and that stepping aside was not required.

What matters now is less who stepped out than what the remaining eight decide. A ruling for the companies could short‑circuit more than 70 state and local suits by channeling or foreclosing them under federal law. A ruling for Boulder would keep those claims alive in state courts, preserving a path to damages and to internal industry records through discovery. Alito’s exit narrows the bench and increases the chance that the outcome turns on a single vote or, in a tie, leaves the Colorado decision standing without a nationwide answer.