Supreme Court·Recusal
Justice Alito will not participate in Suncor climate case set for Oct. 5
Supreme Court Clerk Scott S. Harris wrote counsel on Monday, Sept. 28, that Justice Samuel Alito “has determined that he will not continue to participate” in Suncor Energy (U.S.A.), Inc. v. County Commissioners of Boulder County, No. 25-170, according to the Court’s letter. Oral argument is set for Monday, Oct. 5, the first day of the 2026–27 term; the case asks whether federal law precludes state tort suits seeking damages from oil companies for alleged climate harms. SCOTUSblog and CNBC reported the recusal; CNBC noted a 4–4 split would leave the Colorado courts’ decision allowing the suit to proceed toward trial in place.
Sources
- Supreme Court of the United StatesLetter to Counsel in No. 25-170 (Justice Alito will not continue to participate)
- SCOTUSblogJustice Alito will no longer participate in climate change dispute
- CNBCSupreme Court Justice Alito will not participate in big climate change case next week