Justice Alito Recuses Himself From High-Stakes Climate Liability Case

The Supreme Court clerk notified involved parties on Monday that Alito would no longer participate in the proceedings, though the Court provided no formal justification for the departure. His exit follows an investigation by Consumer Watchdog revealing that the Justice held individual stock in ConocoPhillips and Phillips 66. Both corporations have explicitly alerted shareholders that climate litigation presents a material financial risk to their operations.

Research indicates that every climate lawsuit currently stayed pending the outcome of the Suncor case names either ConocoPhillips or Phillips 66 as a defendant. These include actions initiated by the states of California, New Jersey, and Delaware, alongside several municipalities. Alexandra Nagy, organizing director at Consumer Watchdog, characterized the recusal as a necessary step to protect judicial integrity, noting that the Court’s Code of Conduct mandates disqualification when a justice maintains a financial interest that could be substantially affected by a ruling. The Suncor Energy v. Boulder County case remains the first item on the docket when the Justices return to the bench next week.