Justice Samuel Alito has recused himself from the Supreme Court’s hearing in Suncor Energy v. Boulder County, a case on whether local governments can pursue climate-damages claims against oil and gas companies in state court.
The dispute stems from a suit by Boulder County, the City of Boulder and San Miguel County against energy companies including ExxonMobil and Suncor Energy. The local governments seek compensation for climate-related harms, including costs tied to floods, droughts and wildfires. They say they seek damages for local harms, not to regulate emissions; the companies argue federal law preempts the state-law claims. The Supreme Court is considering whether federal law bars those claims, not whether fossil fuel companies caused climate change.
Reuters reported that Alito recused himself from an earlier stage because he owned ConocoPhillips stock and the company was then a party before the court. When the court later agreed to hear the broader appeal, it said he had no financial interest in any party before it. The Center for Climate Integrity and Consumer Watchdog argued his oil-company holdings, including shares in ConocoPhillips and Phillips 66, created at least the appearance of a conflict. Eight justices are expected to hear arguments; a 4-4 tie could leave the lower court’s ruling in place.
