The Supreme Court announced on Monday that Justice Samuel Alito will no longer participate in Suncor Energy Inc. v. County Commissioners of Boulder County, a climate change liability case set to be argued on October 5, the first day of the 2026-27 term. Clerk Scott Harris disclosed the recusal in a brief letter to advocates, stating only that “Justice Alito has determined that he will not continue to participate.” Harris did not provide an explanation for the decision.
Case Background
The dispute centers on whether state-level tort claims can hold oil and gas companies financially responsible for their alleged contribution to climate change. It involves officials in Boulder, Colorado, but could have nationwide implications given similar lawsuits filed in multiple states.
The Supreme Court’s code of conduct, issued in November 2023, requires justices to recuse themselves from a proceeding in which the Justice’s impartiality might reasonably be questioned, which includes situations where a justice has a financial interest in the subject matter in controversy or in a party to the proceeding. Justices are not obligated to explain their recusal decisions, though they may do so when prior judicial service is a factor.
Criticism and Context
In May, a coalition of left-leaning watchdog groups urged the Senate Judiciary Committee to investigate Alito’s participation in the case. They cited his “substantial holdings in individual oil and gas companies” as undermining public confidence in the Court’s impartiality. The groups noted that Alito had previously recused himself from a petition brought by the same companies in Chevron USA Inc. v. Plaquemines Parish, a separate case involving energy industry parties.
“There is no apparent reason for this change in Justice Alito’s recusal practices, and Alito provided no statement justifying his failure to recuse,” the coalition wrote. At the time, a Supreme Court spokeswoman told NBC News that “Justice Alito does not have a financial interest in any party” and that he had been advised that “recusal is not required” by the Supreme Court’s legal counsel.
Harris’s January announcement regarding Alito’s recusal in the Chevron case provided more detail. It cited Alito’s “financial interest in ConocoPhillips, the parent corporation for Burlington Resources Oil and Gas Company.” Harris explained that Alito initially declined to recuse after Burlington Resources was dismissed as a petitioner in June 2025. However, later briefing revealed Burlington remained a party in district court proceedings.
