Justice Alito Recuses Himself from Supreme Court Climate Liability Case Days Before Oral Arguments
Supreme Court Justice Samuel Alito recused himself from Suncor Energy Inc. v. County Commissioners of Boulder County less than a week before oral arguments were scheduled to begin, according to a letter from the court's clerk to the parties' lawyers. The case concerns whether Boulder, Colorado, can bring state-law tort claims against oil and gas companies over their alleged role in contributing to climate change. No explanation for the recusal was made public.
Single source · Not corroborated
Justice Samuel Alito's recusal from Suncor v. Boulder was announced Monday by Scott Harris, the Supreme Court's clerk, in a letter to the parties' attorneys. Oral arguments had been scheduled to open the 2026-27 term on Monday, making the timing notable. The reason for the recusal was not disclosed.
The case centers on a legal question about the proper forum for climate-related liability suits: whether Boulder County's state-law tort claims against oil and gas companies belong in state court or are preempted by federal law. The Supreme Court's ruling could affect similar suits filed by other cities and states against energy companies across the country.
Fox News Digital, the sole source for this story in the supplied coverage, led with the recusal's potential effect on the court's composition and emphasized concerns from conservative legal figures. Carrie Severino of the Judicial Crisis Network said she did not expect the recusal to change the outcome. O.H. Skinner, executive director of the Alliance for Consumers, said the case is "not a fight about climate change" but rather a question of whether courts should serve as primary policymakers. Steve Cox, counsel to Alaska's governor, described the litigation strategy as a coordinated effort to enact environmental policy through state-court tort suits rather than through elected officials.