Justice Alito Recuses Himself from Climate Change Liability Case Ahead of Oral Arguments

<p>Supreme Court Justice Samuel Alito has recused himself from the case Suncor Energy Inc. v. County Commissioners of Boulder County, which addresses climate change liability, less than a week before oral arguments were set to begin. Scott Harris, the clerk of the Supreme Court, informed the parties' lawyers in a letter on Monday that Alito's recusal was made without explanation.</p><p>Carrie Severino, president of the Judicial Crisis Network, stated, "Justice Alito does not take his duty to sit lightly. We do not know why he recused himself, as the reason has not been made public, but I do not expect his recusal to ultimately change the outcome of Suncor v. Boulder."</p><p>The Supreme Court was scheduled to begin its 2026-27 term by hearing oral arguments in this case on Monday. The case focuses on whether Boulder, Colorado, can utilize state-law tort claims to sue oil and gas companies for their alleged contributions to climate change.</p><p>This case has garnered attention from Republican officials, who contend that Colorado is using the court system to advance its environmental agenda. Steve Cox, former Alaska attorney general and current counsel to Alaska Governor Mike Dunleavy, remarked during a conference call, "What they're doing is they're going around to these cities and these states, and using tort litigation, mass tort litigation, public nuisance lawsuits in state courts, and in a coordinated way to effectuate the same kind of a result, but just without having to go through their democratically elected officials."</p><p>O.H. Skinner, former Arizona solicitor general and executive director of the Alliance for Consumers, added, "It's not a fight about climate change. It's not a fight about climate science. It's a fight about whether we're going to allow this maneuver to be what reshapes American society, and that's why I think everybody should care, irrespective of their views on climate change or their views on how to fix this problem or that problem. Do you want courts as our primary policymakers?"</p><p>Skinner acknowledged that Alito's decision was not made lightly but expressed concern that the absence of a justice is detrimental to the court. He stated, "It does not help the court when they don't have their full complement."</p><p>Alito's recusal follows his earlier recusal in January from Chevron USA Inc. v. Plaquemines Parish due to stock ownership in ConocoPhillips, a party involved in the case.</p><p>Additionally, Justice Elena Kagan has faced calls to recuse herself from Suncor v. Boulder because she authored the foreword to the Reference Manual on Scientific Evidence, which included a climate science chapter later criticized by Congress and Republican attorneys general as biased and subsequently removed.</p><p>In July, over a dozen legal groups, led by Severino, urged the Senate Judiciary Committee to investigate Kagan's involvement, stating, "Justice Kagan’s endorsement of the partisan and now-removed climate science chapter of the judges’ reference manual continues to raise questions about her ability to impartially decide the case. I hope she is taking her own ethical obligation seriously."</p>