Supreme Court Justice Samuel Alito will not participate in a climate change lawsuit involving two oil companies and Colorado local governments, the court announced Monday, just one week before oral arguments are scheduled to begin.
Supreme Court Clerk Scott Harris said in a letter that Alito had decided he “will not continue to participate” in Suncor Energy Inc. v. County Commissioners of Boulder County. The letter did not provide a reason for his withdrawal. The justices are scheduled to hear arguments on Oct. 5, the opening day of the court’s new term.
The dispute arises from a lawsuit filed by Boulder County and other Colorado governments against Suncor Energy and ExxonMobil. The local governments are seeking damages under state law, alleging that the companies contributed to climate change. Suncor and ExxonMobil have asked the Supreme Court to determine whether federal law bars those claims from moving forward.
Alito’s decision comes after months of scrutiny over whether he should take part in the case. In May, a coalition of 30 organizations urged the Senate Judiciary Committee to examine his involvement, citing his investments in oil and gas companies. The groups also pointed out that Alito had not participated in an earlier Supreme Court ruling involving the same companies and dispute, but joined the justices in February when they agreed to hear the latest appeal.
DISCOVER MORE: Death Row Inmate With Abuse History Compares Her Case to Lindsay Clancy
At the time, a Supreme Court spokeswoman told NBC News that Alito had no financial interest in any party involved in the case. She said the court’s legal counsel had advised him that recusal was not required. Monday’s letter did not explain what prompted the justice to reverse course.
The Supreme Court’s code of conduct states that a justice should recuse himself when a reasonable person familiar with the circumstances could question his impartiality. Potential grounds include a financial interest in a party to the case or in the subject matter at issue. The court has not said whether either consideration played a role in Alito’s decision in the Suncor case.
Alito also withdrew shortly before arguments in another oil industry case earlier this year. The court said then that he held a financial interest in ConocoPhillips, whose subsidiary was still a party in the lower court even though it had withdrawn from the Supreme Court proceedings. On Monday, however, the court offered no similar explanation for his recusal from the Colorado climate lawsuit.
