U.S. Supreme Court Justice Samuel Alito recused himself on Monday, September 28, 2026, from a climate change lawsuit involving Exxon Mobil and Suncor Energy. The recusal was announced via a letter from the court clerk one week before the court is scheduled to hear oral arguments in the case.
The dispute, Suncor v. Boulder, originated in 2018 when the city and county of Boulder, Colorado, sued the two energy companies in state court. Boulder alleges that the companies' production and marketing of fossil fuels contributed to climate change, leading to extreme heat, wildfires, and changes to the ecosystem that will cost the local government billions of dollars in damages and mitigation. The energy companies have sought to have the case dismissed or moved to federal court, arguing that federal law preempts state-level claims.
The clerk’s letter stated that Alito "has determined that he will not continue to participate in this case" but provided no specific reason for the decision. Alito had previously participated in the court’s decision to take up the appeal. While Alito’s latest financial disclosures do not show holdings in Exxon or Suncor, they do list investments in other energy firms, including Phillips 66 and ConocoPhillips. According to court records, Alito has recused himself from 22 petitions and one other case already this term.
The recusal affects the composition of the court as it prepares to decide a case that could determine the viability of dozens of similar lawsuits nationwide. Currently, approximately nine climate-related cases in California and roughly two dozen others brought by various states, cities, and tribes—including Chicago, Honolulu, and the Makah Indian Tribe—are pending or stayed. A ruling in favor of the energy companies could block these jurisdictions from using state tort law to seek billions of dollars in damages from fossil fuel producers for climate-related injuries.
For the residents of these areas, the outcome could dictate whether local governments receive compensation to offset the costs of property damage and emergency services linked to climate events. The oil industry, represented by groups like the American Petroleum Institute, argues that allowing such suits to proceed under state law would improperly influence national energy policy. If the Supreme Court rules that federal law preempts these claims, it would set a precedent that shields the industry from state-level liability for greenhouse gas emissions.
The scale of the litigation is significant, with local governments seeking billions of dollars to cover the rising costs of infrastructure repairs and public health measures. The Supreme Court is scheduled to hear oral arguments for Suncor v. Boulder on October 5, 2026, which marks the beginning of the court's new term.