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Justice Samuel Alito recuses himself from major Supreme Court climate lawsuit

The decision leaves eight justices to hear arguments, raising the chance of a tie that upholds a lower-court ruling.

The short version

  • Justice Samuel Alito announced he will not participate in an upcoming Supreme Court climate case concerning Exxon Mobil and Suncor Energy.[CNBC · CBS News · NBC News]
  • The legal battle stems from a lawsuit by Boulder, Colorado, seeking damages over fossil fuel impacts, which lower courts allowed to proceed.[CNBC · CBS News]
  • A potential 4-4 deadlock among the remaining justices would leave the Colorado Supreme Court's ruling intact.[CNBC · NBC News]
  • The court provided no official reason for the recusal, though Alito previously faced scrutiny over his energy stock holdings.[CNBC · CBS News · NBC News]

Key facts

  • Justice Samuel Alito decided not to participate in Suncor Energy v. Boulder County ahead of oral arguments set for October 5, 2026.[CNBC · CBS News]
  • The recusal was formally announced in a brief letter sent to attorneys by Supreme Court clerk Scott Harris.[CNBC · CBS News · NBC News]
  • Alito's departure sets up the possibility of a 4-4 tie, which would automatically leave the lower-court decision in effect.[CNBC · NBC News]
  • The underlying lawsuit, brought by the city and county of Boulder, asks for damages from energy producers and was cleared for trial by the Colorado Supreme Court.[CNBC · CBS News]
  • While Alito does not own stock in Exxon Mobil or Suncor Energy, his 2025 financial disclosure listed shares in ConocoPhillips and Phillips 66.[CBS News · NBC News]

What remains uncertain

  • The Supreme Court provided no official explanation for Alito's decision to recuse himself, leaving observers to infer that it stemmed from his energy sector investments.[CBS News · NBC News]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.