Justice Alito Recused From Climate Change Case
The Supreme Court justice will not participate in a pivotal lawsuit involving fossil fuel companies.
Updated on Sept. 28, 2026 in Oil and Gas
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Supreme Court Justice Samuel Alito has recused himself from upcoming climate change litigation involving major oil and gas companies. The court is scheduled to hear arguments in this case on October 5, 2026.
Why it matters
The outcome of this case could establish a critical legal precedent for dozens of pending state and local climate lawsuits against fossil fuel companies across the nation. Justice Alito's absence leaves the remaining bench to determine the future of this wide-reaching litigation.
The Supreme Court currently maintains a 6-3 conservative majority, which will decide the case following the recusal. The litigation stems from a suit initiated by Boulder, Colorado officials in 2018 against Exxon Mobil and Suncor Energy.
The players
Samuel Alito
A Supreme Court Justice who serves on the nation's highest judicial body.
Exxon Mobil
A global oil and gas corporation and a defendant in the climate change litigation.
Suncor Energy
A major integrated energy company and a defendant in the climate change litigation.
Scott Harris
The Supreme Court clerk who notified parties regarding the recusal.
The details
Supreme Court clerk Scott Harris notified legal parties of the decision in a letter. Justice Alito previously recused himself from the same litigation in 2023, citing his ownership of stock in several oil and gas companies, though he holds no shares in the specific defendants, Exxon Mobil or Suncor Energy. The court will now proceed with the remaining justices to evaluate the legal merits of the climate claims.
Timeline
2018: Boulder, Colorado officials initiated the lawsuit against oil companies.
2023: Justice Alito previously recused himself from the litigation.
September 28, 2026: Legal parties were notified of the recusal decision.
October 5, 2026: The Supreme Court is scheduled to hear the climate case.
Market Landscape
This litigation follows the 2018 Boulder, Colorado lawsuit against Exxon and Suncor, which serves as a bellwether for climate liability. The case marks a central point in ongoing efforts to define the scope of energy companies' responsibilities in state and local courts.
Operators in the energy sector should track the upcoming October 5, 2026, arguments to gauge potential shifts in climate litigation strategy. Legal departments should consult with counsel on how this ruling could influence future liability exposure for their own regional operations.
The takeaway
The recusal highlights the importance of monitoring judicial composition in cases that define long-term industry liability. Operators should monitor the outcome of the October 5, 2026, hearing to update their assessment of climate-related legal risks.
What happens next
The Supreme Court is scheduled to hear oral arguments in the climate change litigation on October 5, 2026.
Further reading
For more on industry regulatory trends, visit the Oil and Gas section.
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