Alito Climate Case Recusal
Justice Samuel Alito recuses himself from a major Supreme Court climate damages case involving energy companies.
Anonymous
Justice Samuel Alito has recused himself from a major Supreme Court climate case involving Exxon Mobil and Suncor Energy, without explaining his decision. Environmental groups had called for his recusal over his oil and gas investments, including holdings in ConocoPhillips and Phillips 66; he had previously been told his participation was not barred because he had no stake in the companies directly involved. The justices will consider whether Boulder, Colorado, can pursue state-law claims seeking climate damages from the companies or whether federal law preempts the lawsuits. The ruling could affect similar cases nationwide. With Alito recused, eight justices will hear the case, raising the possibility of a 4-4 tie that would leave the legal questions unresolved.
Key Points
1
Alito had previously participated in the court’s decision to take up the Boulder dispute, making his later recusal a change after the case was accepted for review.
2
Alito had recused himself in 2023 when the court declined an earlier appeal in the Colorado case; that same day, it also rejected appeals in similar cases involving companies including ConocoPhillips and Phillips 66.
3
The oil and gas industry is seeking a broad ruling that would block cases like Boulder’s from proceeding in state courts, potentially shielding companies from billions of dollars in damages.
4
The recusal may not determine the outcome: the court has divided in preemption cases along lines that do not consistently track its conservative-liberal blocs, though it has repeatedly ruled against environmental interests in recent years.
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