<p>This story was originally published by <a href="https://insideclimatenews.org/news/28092026/alitos-recusal-from-climate-case-too-little-too-late/">Inside Climate News</a> and is reproduced here as part of the <a href="http://www.climatedesk.org/" rel="noopener" target="_blank">Climate Desk</a> collaboration.</p>
<p>Justice Samuel Alito decided Monday to recuse himself from a significant climate change case before the Supreme Court, following months of pressure regarding his ownership of individual corporate stocks, including those in the fossil fuel sector.</p>
<p>Alito's decision came just one week before the Supreme Court is scheduled to begin its term with a hearing on the oil industry's attempt to block Boulder, Colorado's lawsuit aimed at recovering costs associated with climate change. The court's clerk sent a brief letter to the involved attorneys indicating that Alito would no longer participate, without providing further details.</p>
<p>While Alito does not own stock in the companies directly involved in the Boulder case—ExxonMobil and Suncor—he does hold shares in other companies that are facing lawsuits dependent on the Supreme Court's ruling.</p>
<p>In recent months, state courts have paused 11 related cases pending the outcome of <em>Suncor v. Boulder</em>, including cases from which Alito has previously recused himself.</p>
<p>The lawsuits aim to recover damages from oil companies for costs incurred by state and local governments due to extreme weather events, droughts, and wildfires linked to climate change. Advocates argue that the oil industry should be held financially accountable, citing evidence that these companies were aware of the climate risks associated with their products.</p>
<p>Boulder filed its lawsuit against Exxon and Suncor in 2018, following severe flooding that caused extensive damage. In 2021, a major fire in Colorado, attributed to climate change, further highlighted the financial burdens on affected communities.</p>
<blockquote><p>“The public should not have to wonder whether a justice’s personal investments could benefit from a ruling.”</p></blockquote>
<p>A ruling favoring the oil companies could grant them immunity from liability regarding climate change, a long-sought goal for the industry. Exxon and Suncor have stated that they face lawsuits seeking billions of dollars in damages and have urged the Supreme Court to intervene to prevent further state court cases.</p>
<p>A coalition of 30 environmental and advocacy groups has called for an investigation into whether Alito's actions violate legal or ethical standards. Research from Consumer Watchdog indicated that Alito holds stock in companies involved in various climate-related lawsuits currently on hold pending the outcome of the Boulder case.</p>
<p>“Justice Alito’s recusal from Suncor v. Boulder is the right decision, and one he should have made from the start,” said Alexandra Nagy, organizing director with Consumer Watchdog. “The public should not have to wonder whether a justice’s personal investments could benefit from a ruling that shields the fossil-fuel industry from liability.”</p>
<p>The situation has raised ethical concerns at the Supreme Court, which Chief Justice John Roberts has sought to address over the years. In a 2011 report, Roberts defended the current system allowing justices to determine their own recusal needs.</p>
<p>Alito has recused himself more frequently than other justices in recent years, according to research by the watchdog group Fix the Court.</p>
<p>Alito's participation in the case conference where the Supreme Court decided to hear the Boulder case raises questions about whether his vote was crucial in securing a hearing for Suncor and Exxon. The court typically requires at least four justices to agree before a case is heard.</p>
<p>Between 2023 and 2025, the Supreme Court denied petitions from oil companies regarding similar issues to those in the Boulder case. Alito had recused himself from the case conferences for most of those petitions.</p>
<p>ExxonMobil alluded to recusal issues in its 2022 brief, describing the Boulder case as an “ideal vehicle” for resolving the legal questions posed by the industry.</p>
<blockquote><p>“We spend too much time talking about what is required of the justices. We should be talking about the right thing to do.”</p></blockquote>
<p>Despite Alito's recusal, concerns remain regarding the implications of the court's decisions on the fossil fuel industry. Legal experts have raised questions about the appropriateness of justices holding individual stocks in companies that may appear before the court.</p>
<p>According to Alito's latest financial disclosure, he holds stocks in over 25 corporations, including seven in the fossil fuel sector. His financial interests have not changed since last year, despite previous controversies surrounding his stock holdings.</p>
<p>Legal experts have expressed confusion over why Alito continues to own individual stocks, given the potential for conflicts of interest. Alito has previously argued that recusal could disrupt the court's work.</p>
<p>Alito's recent recusal does not resolve ongoing concerns about the court's ethics practices and the implications of justices holding financial interests in companies involved in litigation before them.</p>