Justice Alito recuses himself from Supreme Court climate case amid oil-share scrutiny

US Supreme Court Justice Samuel Alito has recused himself from a major climate-change case involving Suncor Energy and ExxonMobil, shortly before the court is due to hear the companies’ appeal. A letter posted in the case said only that Alito had decided not to continue participating. It did not state the reason for his recusal.

The justice has previously stepped aside from cases involving companies in which he holds stock. The case was brought by local officials in Boulder, Colorado, and is one of dozens of lawsuits alleging that fossil-fuel companies misled the public about the contribution of their products to climate change. Billions of dollars in damages could be at stake, according to the supplied material.

The Supreme Court agreed in February to hear the companies’ appeal. The energy firms, backed by the Trump administration, argue that the lawsuits threaten the industry and that state courts are not the appropriate venue for addressing a global climate issue. Alito does not own shares in Suncor or ExxonMobil, but his financial disclosures show holdings in other oil companies, including ConocoPhillips and Phillips 66.

That prompted calls for him to withdraw from the case. Consumer Watchdog’s organising director, Alexandra Nagy, said the holdings could allow the justice to benefit indirectly from a ruling favourable to the industry. She pointed to the Supreme Court’s recently adopted code of ethics, which says a justice should step aside where they or their families have a subject matter or controversy.

Nagy said Alito’s recusal was the correct decision but argued that it should have been made earlier. The court’s action removes one justice from a case that raises questions about the legal route for climate-related claims against major energy companies.