Justice Alito Steps Aside from Climate Change Case Involving ExxonMobil and Suncor Energy

Supreme Court Justice Samuel Alito will not participate in the case involving ExxonMobil and Suncor Energy. This decision was disclosed in a letter dated Monday and sent to lawyers involved in the case, with no reason provided. The letter stated, "Justice Alito has determined that he will not continue to participate in this case." Previously, Alito had indicated there was no need for him to step aside from the case, which is scheduled for argument next week and could have significant implications when the court issues a ruling. Left-leaning groups had called for Alito’s recusal due to his stock holdings in oil companies. Although Alito does not own stocks in ExxonMobil or Suncor Energy, he holds stocks in ConocoPhillips, Phillips 66, and five other firms in the energy sector, as noted in his financial disclosure report. Activists argued that the companies in which he holds stocks could benefit if the Supreme Court dismisses the Colorado lawsuit seeking damages for climate change impacts. The court has a 6-3 conservative majority, and Alito's recusal raises the possibility of a 4-4 split, which would leave major legal issues unresolved. The oil and gas industry is seeking a broad ruling that would prevent similar cases from proceeding in state courts. Earlier in 2023, Alito recused himself from an appeal related to the Colorado case, as well as from similar cases involving ConocoPhillips and Phillips 66. A court spokesman had previously stated that Alito had "inadvertently recused" in the earlier Colorado case. Alito was advised that his recusal was not required, as he does not have a financial interest in any party involved in the case. Recent calls for his recusal were based on the potential indirect benefits he could receive from a ruling favoring Exxon and Suncor. An advocacy group, Consumer Watchdog, highlighted disclosures from ConocoPhillips and Phillips 66 warning of risks from climate lawsuits similar to the Colorado case. Alexandra Nagy, the group's organizing director, stated that Alito's recusal is the right decision. The Supreme Court spokeswoman did not respond to a request for further comment. Some conservatives have also suggested that Justice Elena Kagan should recuse herself due to a controversy over a chapter on climate change in a reference manual for judges, which she wrote a foreword for but stated she never read.