The one-line letter signed by Scott Harris, the Supreme Court’s clerk, and sent to the lawyers involved in the dispute states that Alito “has determined that he will not continue to participate in this case.” No reason for Alito’s decision to sit out was provided, but it is likely because the justice has stock holdings in oil and gas companies, according to his financial disclosure report for 2025.
Alito’s decision to recuse himself comes one week before the Supreme Court will begin its new term with arguments in the dispute between Suncor Energy and Exxon Mobil and Boulder, Colorado.
The city and county of Boulder sued the two companies in Colorado state court in 2018, arguing that their conduct contributed to global climate change. The city and county say Exxon Mobil and Suncor engaged in “unchecked production, promotion, refining, marketing and sale of fossil fuels,” and concealed or misrepresented the dangers associated with fossil fuels’ intended use, leading to “unchecked fossil fuel use” that has led to a rise in the concentration of greenhouse gases in the atmosphere.
That increased concentration of greenhouse gases has, in turn, led to a warming of the atmosphere and oceans, causing extreme heat, larger and more frequent wildfires and changes to the broader ecosystem, Boulder says. The city and county, which are seeking billions of dollars in damages, allege that because of the impacts of climate change, it has cost — and will continue to cost them — billions of dollars in property damage, plus additional costs related to mitigation measures and repairs, emergency services and public-health measures.
Exxon Mobil is the nation’s largest oil company and Suncor Energy operates two refineries in Colorado.
The energy companies unsuccessfully tried to move the case to federal court and then sought to have the case dismissed. They argued that the Clean Air Act and the Constitution prevent Boulder’s claims from proceeding under state law.
But the Colorado Supreme Court allowed Boulder’s case to proceed.
The Supreme Court is set to weigh not only whether to block the lawsuit from moving forward in state court, but also whether it has jurisdiction to review the Colorado Supreme Court’s decision.
The outcome of the case could impact scores of similar lawsuits brought by states and localities against fossil-fuel producers alleging violations of state law. The states and local governments are seeking billions of dollars in money damages.
Alito does not appear to hold individual stock in Exxon or Suncor. But he does invest in two other energy companies, ConocoPhillips and Phillips 66, according to his financial disclosure.
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