Suncor vs Boulder County case could reshape climate accountability nationwide
Justice Samuel Alito on Monday informed the U.S. Supreme Court that he is recusing himself from a high-profile climate-change lawsuit against major energy companies, according to a letter from the court’s clerk. The case centers on Boulder County, Colorado’s effort to hold Suncor Energy Inc. and ExxonMobil liable for climate-related harms.
Clerk of Court Scott Harris disclosed the recusal to the parties, writing: “I am writing to inform the parties that Justice Alito has determined that he will not continue to participate in this case.”
Alito’s recusal comes after public calls for him to step aside because he holds stock in about two dozen energy companies. He does not own shares in either Suncor or ExxonMobil, but the court’s eventual ruling could affect companies in which he has a financial interest.
The case, Suncor Energy Inc. vs. County Commissioners of Boulder County, arose from Boulder County’s effort to seek damages for climate-change harms. Suncor and ExxonMobil filed an appeal seeking to have the case thrown out; the Supreme Court took up the appeal earlier this year.
Oil companies, communities and climate-advocacy organizations around the country are watching the case closely because it is expected to have a reverberating impact on the ability to hold energy companies accountable for climate change. The court has said its consideration will also include whether it is the appropriate venue to hear such a case, with the decision potentially setting a precedent over whether federal law preempts state courts in claims over climate change.
Alito has previously recused himself from 22 petitions the high court has rejected and one other case the court has taken up, but his recusal in this matter arrived later in the proceedings than is usual. The court’s consideration of the case continues without him.