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Alito's recusal sends the case into a new phase

The climate lawsuit before the U.S. Supreme Court has entered a new phase after Justice Samuel Alito stepped aside from the case. In the dispute the court will consider next week, Exxon Mobil and Suncor Energy are defending against state-law damages claims over alleged harms caused by greenhouse gas emissions.

Supreme Court Clerk Scott Harris informed lawyers for both sides in a notice sent Monday that Alito would not participate in the case. The move drew attention because Alito had previously declined to recuse himself after the court agreed to take up the case this year.

Why the chance of a 4-4 split matters for the companies

The lower court ruling could stand

With Alito out of the case, the odds of a 4-4 split at the Supreme Court have increased. In that scenario, the ruling under appeal would remain in force. For the lawsuit brought by local governments in Colorado, that could mean the oil companies' effort to throw out the case at an early stage would fail.

  • If the vote is tied, the earlier decision challenged by the companies would remain unchanged.
  • In that scenario, the damages case filed by the city of Boulder and Boulder County could move toward trial.

In the underlying case, the trial court rejected Suncor's and Exxon’s motion to dismiss. The Colorado Supreme Court later upheld that ruling, clearing the way for the case to continue through the litigation process.

The legal issue and the recusal debate

What question will the court decide?

The central legal question before the Supreme Court is whether federal law blocks damages lawsuits brought under state law for harms allegedly caused by climate change. If the court rules against the oil companies, the case will move forward toward trial for a full review on the merits.

Why was Alito at the center of the debate?

Environmental groups had called on Alito to recuse himself because of stock investments in oil and gas companies. According to Alito's 2025 financial disclosure, he does not hold shares in Exxon Mobil or Suncor. In May, a Supreme Court spokesperson said Alito had no financial interest in either side of the case and that recusal was not considered necessary. Alito, however, did not take part in an earlier stage of the same case in 2023 involving the companies' jurisdictional challenges.

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