Alito recuses from major climate change case to be decided by the Supreme Court

Supreme Court Justice Samuel Alito has stepped aside from a closely watched climate change case, according to a letter from the court's clerk sent Monday to attorneys in the dispute, as reported by CBS News.

The brief notice, signed by clerk Scott Harris, said only that Alito "has determined that he will not continue to participate in this case." The letter did not explain the reasoning behind the withdrawal, but CBS News reported it likely stems from Alito's personal investments in oil and gas companies, based on his 2025 financial disclosure filing.

The recusal arrives just days before the Supreme Court opens its new term, with arguments scheduled in a dispute pitting Suncor Energy and Exxon Mobil against the city and county of Boulder, Colorado.

Boulder originally filed suit against the two energy firms in state court back in 2018. Local officials argued that the companies' practices around producing, marketing and selling fossil fuels helped drive global climate change, and accused them of hiding or downplaying the risks tied to fossil fuel use. According to Boulder, that conduct contributed to a buildup of greenhouse gases in the atmosphere, fueling rising temperatures, more intense wildfires and broader environmental disruption.

The city and county are pursuing billions of dollars in damages, contending that climate-related impacts have already cost them heavily and will continue to do so through property destruction, emergency response needs, public health expenses and mitigation work.

Exxon Mobil, the largest oil company in the United States, and Suncor Energy, which runs a pair of refineries in Colorado, attempted to shift the case into federal court before pushing for outright dismissal. Their legal argument centered on the claim that the Clean Air Act and constitutional principles bar Boulder from pursuing these allegations under state law. However, the Colorado Supreme Court sided with Boulder, permitting the case to move forward.

Now the nation's highest court must decide two key questions: whether the lawsuit should be halted from proceeding in state court, and whether the justices even have authority to review the Colorado Supreme Court's ruling in the first place.

CBS News noted that the eventual ruling could carry weight far beyond this single case, potentially shaping numerous comparable lawsuits filed by other states and municipalities against fossil fuel producers. Those cases similarly accuse energy companies of violating state laws and seek substantial monetary damages.

Regarding Alito's financial interests, records show he does not personally hold shares in either Exxon Mobil or Suncor. He does, however, hold investments in two other energy firms, ConocoPhillips and Phillips 66, based on disclosures reviewed by CBS News.