In a recent development, the United States Supreme Court has announced that Justice Samuel Alito will recuse himself from the upcoming case of Suncor Energy Inc. v. County Commissioners of Boulder County. The case, scheduled for arguments on October 5, 2026, marks the opening of the court’s 2026-27 term. According to a letter issued by Scott Harris, Clerk of the Supreme Court, no explicit reason was given for Alito’s decision to withdraw from the case.
Suncor Energy involves the assessment of whether state-level tort claims can be employed to hold oil and gas companies accountable for their purported role in contributing to climate change. While the case originates from Boulder, Colorado, its implications could be far-reaching as similar legal actions are underway in other states. The case could potentially shape the legal landscape of climate-related liability for major energy corporations nationwide.
In recent months, Justice Alito had faced scrutiny from various watchdog organizations, who expressed concern over his involvement in the case, citing his “substantial holdings in individual oil and gas companies.” This prompted calls for an investigation from a coalition of progressive groups, underscoring potential conflicts of interest and questioning the impartiality of the court. In response, a Supreme Court spokeswoman informed NBC News that Alito “does not have a financial interest in any party” and had been advised by legal counsel that “recusal is not required.”
This decision comes in light of the Supreme Court’s 2023 code of conduct, which mandates justices to recuse themselves in situations that might present a perceived conflict of interest. The code specifies that justices must withdraw from proceedings where their impartiality could reasonably be questioned, especially when financial interests are at play.
Even though justices typically offer explanations for recusals related to prior judicial service, Justice Alito has not elaborated on his reasoning in this instance. This silence stands in contrast to his earlier recusal from the case Chevron USA Inc. v. Plaquemines Parish, Louisiana, where detailed information was provided regarding his financial interests in ConocoPhillips. For a comprehensive examination of the circumstances surrounding Alito’s withdrawal from the Suncor Energy case, the original piece on SCOTUSblog offers further insights.