San Francisco Frontiers - Justice Alito steps aside from major US climate case

The news came in a letter sent by the court's clerk to lawyers involved in the case.

"I am writing to inform the parties that Justice Alito has determined that he will not continue to participate in this case," the clerk said, without stating a reason.

The Supreme Court is set on October 5 to hear arguments from ExxonMobil and Suncor Energy about why they should not stand trial in a growing number of climate litigation cases brought by states against oil and gas majors.

Conservative Alito had faced calls to step aside as he had previously done in 2023 during the same litigation, when the court declined to move the case from state court to federal court.

But in May, he said he would not do so again, telling NBC News through a court spokeswoman that he "does not have a financial interest in any party" and therefore "his recusal is not required."

Although Alito's most recent financial disclosure, released in August, does not list either ExxonMobil or SuncorEnergy as investments, it does mention numerous fossil fuel interests, including ConocoPhillips.

Since the case, known as Suncor v Boulder, could have wide-reaching implications for more than 30 climate litigation cases, critics said his wider oil and gas holdings were still relevant.

In a recent analysis, court watchdog Court Accountability said that Alito gained somewhere between $390,000 and $2.9 million from his interests in oil and gas extraction between 2005, when he was nominated to the court, and 2024.

The court is split 6-3 along conservative-liberal lines, though with Alito's recusal it leaves open the possibility of a 4-4 split, which could leave underlying legal issues unresolved.

X.Roberts--SFF