Supreme Court Justice Samuel Alito recused himself from a closely watched case over climate change liability less than a week before oral arguments were scheduled to begin.
That is what happened in Suncor Energy Inc. v. County Commissioners of Boulder County, a dispute over whether Boulder, Colorado, can pursue state-law tort claims against oil and gas companies for their alleged role in contributing to climate change. In a letter Monday, the Clerk of the Supreme Court, Scott Harris, notified the parties’ lawyers that Alito had recused himself. No explanation was provided.
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What happened
The justices were scheduled to kick off the 2026-27 term by hearing oral arguments in Suncor v. Boulder on Monday. Instead, the parties learned Alito will not take part.
Carrie Severino, president of JCN, said: “Justice Alito does not take his duty to sit lightly. We do not know why he recused himself, as the reason has not been made public, but I do not expect his recusal to ultimately change the outcome of Suncor v. Boulder.”
Why it matters
When a justice steps aside at the Supreme Court, there is no replacement added for that case. The Court proceeds with a smaller bench.
O.H. Skinner, former Arizona solicitor general and executive director of the Alliance for Consumers, said during a Tuesday conference call that it is “never good for the court” when a justice is missing from a ruling.
Skinner said Alito acknowledged the stakes for the institution. “It doesn’t help the court when they don’t have their full complement,” Skinner said, adding that Alito made his decision “based on his own personal considerations,” and: “we will never know all of the details of that.”
What the case is about
Suncor v. Boulder centers on whether Boulder, Colorado, can use state-law tort claims to sue oil and gas companies over their alleged role in contributing to climate change.
The case has drawn scrutiny from Republicans, who argue Colorado officials are weaponizing the court system to get their environmental agenda enacted.
Steve Cox, former Alaska attorney general and current counsel to Alaska Gov. Mike Dunleavy, said in a Tuesday conference call: “What they’re doing is they’re going around to these cities and these states, and using tort litigation, mass tort litigation, public nuisance lawsuits in state courts, and in a coordinated way to effectuate the same kind of a result, but just without having to go through their democratically elected officials.”
Skinner framed the dispute as a question of policymaking power. “It’s not a fight about climate change,” he said. “It’s not a fight about climate science.” He added: “It’s a fight about whether we’re going to allow this maneuver to be what reshapes American society, and that’s why I think everybody should care, irrespective of their views on climate change or their views on how to fix this problem or that problem. Do you want courts as our primary policymakers?”
A recent Alito recusal
Alito’s last-minute decision in Suncor v. Boulder follows his January recusal in Chevron USA Inc. v. Plaquemines Parish, a Louisiana coastal erosion dispute. He recused because he owned stock in ConocoPhillips, the parent company of one of the parties in related litigation, Burlington Resources Oil and Gas Company.
Kagan recusal calls
Meanwhile, Justice Elena Kagan has faced calls to recuse herself from Suncor v. Boulder because she wrote the foreword to the Reference Manual on Scientific Evidence.
The manual included a climate science chapter that was later criticized by Congress and Republican attorneys general as biased and was eventually removed.
In July, more than a dozen legal groups, in a letter spearheaded by Severino, urged the Senate Judiciary Committee to open an investigation.
The letter said: “Justice Kagan’s endorsement of the partisan and now-removed climate science chapter of the judges’ reference manual continues to raise questions about her ability to impartially decide the case. I hope she is taking her own ethical obligation seriously.”
What happens next
The Court is set to hear Suncor v. Boulder without Alito. The justices are being asked to decide whether Boulder can press state-law tort claims against oil and gas companies over their alleged contributions to climate change.
Quick answers
Why did Alito recuse?
No explanation was provided. The parties’ lawyers were informed by letter from Clerk of the Court Scott Harris that Alito had recused himself.
When did the recusal happen?
Alito recused himself less than a week before oral arguments were scheduled to begin.
Why is this case drawing attention?
It is focused on whether Boulder can use state-law tort claims against oil and gas companies over alleged climate-change contributions, and it has drawn scrutiny from Republicans.