Alito Steps Aside in Supreme Court Climate Showdown After Left-Wing Groups Question His Energy Investments

Justice Samuel Alito has recused himself from an environmental case set to be argued on Monday before the Supreme Court, months after left-leaning groups accused him of a potential conflict.

In the case of Suncor Energy Inc. v. County Commissioners of Boulder County, the question before the court involves the use of state tort laws to sue oil and gas companies for their alleged role in climate change.

“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 to the parties in the case on Monday. It did not provide a reason.

The case involves the Boulder, Colorado, area, but similar lawsuits were filed in states across the country.

This comes after left-leaning advocacy groups in May called for the Senate Judiciary Committee to investigate Alito’s investments in oil and gas companies. The groups in the letter included MoveOn, the Center for Progressive Reform, the Alliance for Justice, the Center for Media and Democracy, and Free Speech For People.

“We write to you to express our deep concerns about U.S. Supreme Court Justice Samuel Alito’s inconsistent history of recusals from cases from which he should be compelled to recuse under long-standing federal law, given his substantial holdings in individual oil and gas companies and other personal ties,” the May 12 letter says.

The Supreme Court’s code of conduct that was issued in November 2023 requires justices to recuse themselves from “a proceeding in which the Justice’s impartiality might reasonably be questioned.”

The city and county of Boulder, Colorado, sued Suncor Energy and Exxon Mobil, alleging that fossil fuel emissions contributed to climate change and caused injuries to residents. Earlier in litigation, a member of the legal team representing Boulder described the effort as “an indirect carbon tax.”

Justices will consider whether federal law prohibits claims under state law seeking relief for injuries allegedly caused by the effects of interstate and international greenhouse gas emissions. Justices will also determine whether federal courts have the authority to hear such cases

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