Washington — Justice Samuel Alito has stepped aside from a major climate change case involving Exxon Mobil and Suncor Energy, according to a letter issued by the Supreme Court on Monday.
In the brief letter, Supreme Court Clerk Scott Harris told attorneys that Alito “has determined that he will not continue to participate in this case.” The court did not explain the decision. Alito’s 2025 financial disclosure, however, shows that he owns stock in oil and gas companies, which may have prompted his recusal.
Alito’s withdrawal comes just one week before the Supreme Court begins its new term, which will include arguments over a lawsuit brought by Boulder, Colorado, against Suncor Energy and Exxon Mobil.
Boulder and Boulder County filed the case in Colorado state court in 2018, accusing the energy companies of helping drive global warming through the “unchecked production, promotion, refining, marketing and sale of fossil fuels.” The local governments also allege that Exxon Mobil and Suncor concealed or distorted information about the risks associated with burning those fuels, contributing to a continued increase in atmospheric greenhouse gases.
According to Boulder, rising greenhouse-gas levels have warmed the atmosphere and oceans, intensified extreme heat and wildfires, and disrupted ecosystems. The city and county are seeking billions of dollars, arguing that climate-related damage has increased property losses and created additional expenses for mitigation, repairs, emergency response and public-health efforts.
Exxon Mobil is the largest oil company in the United States, while Suncor operates two refineries in Colorado.
The companies first tried unsuccessfully to transfer the lawsuit to federal court before asking that it be dismissed. They contend that the federal Clean Air Act and the Constitution bar Boulder’s state-law claims.
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The Colorado Supreme Court rejected that argument and ruled that Boulder’s lawsuit could continue.
The U.S. Supreme Court will consider whether the case should be stopped from proceeding in state court. It will also address whether the justices have authority to review the Colorado Supreme Court’s ruling in the first place.
A decision could shape dozens of comparable climate lawsuits filed by states and local governments against fossil-fuel companies. Those cases generally rely on state law and seek billions of dollars in damages.
Alito does not appear to own shares directly in Exxon Mobil or Suncor. His financial disclosure does list investments in two other energy companies, ConocoPhillips and Phillips 66.
