Story perspectives

Alito Recuses From Suncor Climate Case, Uncertain Outcome

By Drooid · Sep 28, 2026, 10:34 PM UTC · How we work

Summary

Story summary

Justice Samuel Alito recused himself from the Suncor Energy v. County Commissioners of Boulder County climate case.
Consumer Watchdog and the Center for Climate Integrity urged Alito’s recusal because he holds ConocoPhillips and Phillips 66 stock.
With Alito absent, eight justices may split 4-4, leaving the lower-court ruling unchanged.
The case will be argued on Oct. 5 and could affect dozens of state and local climate-liability lawsuits.

History

Historical Context

The Supreme Court’s 5-4 ruling in Massachusetts v. EPA (2007) declared greenhouse gases air pollutants, obligating the EPA to regulate emissions under the Clean Air Act. That precedent spurred further climate suits, culminating in West Virginia v. EPA (2022), where the Court limited the agency’s power over power-plant emissions. These decisions shape today’s contentious climate-liability litigation.

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Story summary

Justice Samuel Alito recused himself from the Suncor Energy v. County Commissioners of Boulder County climate case.
Consumer Watchdog and the Center for Climate Integrity urged Alito’s recusal because he holds ConocoPhillips and Phillips 66 stock.
With Alito absent, eight justices may split 4-4, leaving the lower-court ruling unchanged.
The case will be argued on Oct. 5 and could affect dozens of state and local climate-liability lawsuits.

1 / 2