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Reason
· collected 2026-09-28 · by Jonathan H. Adler
Justice Alito has recused himself from the upcoming Supreme Court case Suncor Energy v. Boulder County, which begins a week from today. The case concerns whether federal law or the constitution preempts state-law claims for damages related to climate change. Justice Alito's decision is likely due to his ownership of individual energy company stocks and may impact the petitioners negatively since he was previously thought to be among their strongest supporters.
Written locally by qwen2.5:14b on 2026-10-02,
using this article's own text rather than the other coverage of the
same event (that is the story summary below).
Story summary
Justice Samuel Alito recused himself from Suncor Energy v. Boulder County, a major climate change case set to be heard by the Supreme Court on October 5th. The case involves state efforts to sue fossil fuel companies over alleged contributions to global warming, and Alito's decision comes after facing pressure from environmental groups due to his stock holdings in oil companies. In a letter posted to the court’s docket, the Clerk of the Supreme Court stated that Justice Alito "has determined that he will not continue to participate in this case." This recusal could leave the case with only eight justices, potentially leading to a 4-4 deadlock, which would uphold the lower court's ruling. The decision is seen as significant given Alito’s history of dissenting in preemption cases and his conservative judicial stance.
Written for “Alito Recuses In Climate Case” on 2026-10-05,
grounded in this article and the 8 other(s) covering the same event.
One week from today, the Supreme Court will open its term with oral argument in Suncor Energy v. Boulder County.
asserted
Court → open → County
This case, concerning whether federal law or the constitution preempts state-law claims for damages allegedly caused by climate change, is almost certainly the most significant case of the Supreme Court's October sitting, and may be among the most consequential of the entire OT 2026 term.
uncertain
law → concern → term
This morning, the Court delivered unwelcome news to the Suncor petitioners: Justice Alito is out.
asserted
Alito → deliver → petitioners
According to a letter to counsel from the Clerk of Court, "Justice Alito has determined that he will not continue to participate in this case."
uncertain
he → accord → case
Justice Alito's recusal is likely bad news to the petitioners as he is among the more preemption-friendly justices on the Court, having dissented in both Virginia Uranium v. Warren and Hencely v. Fluor (both of which were recent 6-3 decisions rejecting preemption).
asserted
both → dissent → preemption
Like most observers, I have assumed that Justice Alito was among the most likely to side with the petitioners claims (along with the Chief and Justice Kavanaugh).
uncertain
Alito → assume → Chief
While he does not own any shares in any of the companies that are before the Court in Suncor, he does own stocks in companies that have been subject to similar suits (and has recused in other cases accordingly).
asserted
that → own → cases
So I suspect that is what caused the recusal here.
asserted
what → suspect → recusal
What is more difficult to explain than the decision to recuse is the timing: Why now?
asserted
is → explain → decision
Calls for Justice Alito to recuse were made much earlier--and were previously rejected.
asserted
Alito → recuse → ?
Assuming his stock ownership is the reason for the recusal, this should serve as a reminder that judges should own mutual funds instead of individual stocks.
asserted
judges → assume → stocks
Before news of Justice Alito's recusal decision broke, I participated in a Federalist Society "Seat at the Sitting" webinar in which Suncor was a major focus.
asserted
Suncor → break → which
And for those interested, here are my prior posts on this subject:
- Why State Common Law Nuisance Claims Against Fossil Fuel Companies Are Not Preempted, Oct. 27, 2021;
- Third Circuit Rejects Oil Company Efforts to Remove Climate Claims to Federal Court, Aug. 17, 2022;
- Oil Companies Fail to Convince the Eighth Circuit Climate Cases Should Be Removed to Federal Court (Updated), Mar. 25, 2023;
- Is Climate Change Going Back to the Supreme Court? (Minnesota Edition) [UPDATED], Dec. 11, 2023;
- D.C. Circuit Rejects Oil Company Attempt to Remove District's Climate Suit to Federal Court, Dec. 19, 2023;
- William Barr Responds on American Petroleum Institute v. Minnesota, Dec. 26, 2023;
- Supreme Court Takes a Pass on Minnesota Climate Change Case, Jan. 8, 2024;
- Are State Law Climate Change Tort Suits Preempted by Federal Law?, May 3, 2024;
- Supreme Court Denies Certiorari in Climate Tort Suits, Jan. 13, 2025;
- Supreme Court Rejects Red State Attempt to Sue Blue States Over Climate Suits, Mar. 10, 2025;
- William Barr Discovers the Economics of Tort Law (and Misrepresents the Law Governing Interstate Pollution), Nov. 3, 2025;
- Placing Climate Tort Litigation in Context (Updated), Nov. 7, 2025;
- A Second Round with William Barr on Litigation Over Interstate Pollution, Dec. 2, 2025;
- Court Dismisses Trump Administration Effort to Block Michigan Climate Lawsuit, Feb. 4, 2026
- Climate Change Goes Back to the Supreme Court -- Colorado Edition, Feb. 23, 2026.
- Previewing Suncor Energy v. Boulder County, Mar. 6, 2026.
uncertain
Change → preempt → County
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