Supreme Court Justice Samuel Alito announced Monday that he will recuse himself from a major climate change case set for oral argument next week.
The one-sentence notice from the court's clerk stated that Alito "has determined that he will not continue to participate in this case." No reason was provided.
The dispute, Suncor Energy v. County Commissioners of Boulder County, will be the first case argued when the court opens its new term on October 5. It involves efforts by ExxonMobil and Suncor to dismiss a lawsuit brought by Colorado localities seeking damages for alleged harms from climate change.
The case examines whether federal law preempts state tort claims against fossil fuel companies. A ruling could affect dozens of similar suits nationwide.
Alito owns stock in ConocoPhillips and Phillips 66, companies not named as parties here but facing parallel climate litigation. He had previously recused from an earlier stage of related proceedings in 2023.
Earlier this year, a court spokesperson said Alito's recusal was not required because he held no direct financial interest in the named parties. Environmental groups and watchdogs had pressed for his withdrawal citing his energy sector holdings.
Alito's decision leaves eight justices to hear the case, raising the possibility of a 4-4 split that would affirm the lower court's ruling.
This marks the second time this year Alito has recused from a fossil fuel liability matter at the Supreme Court.
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