Alito sits out Suncor climate case argued Monday
Justice Samuel Alito will not participate in Suncor Energy v. Boulder County, the Supreme Court clerk told parties, with oral argument set for Monday, Oct. 5 — the first day of the new term. The clerk’s letter gave no reason. A 4–4 tie would leave Colorado’s ruling intact.
The Supreme Court returns Monday with one of the term’s biggest business cases — and one justice already out. Clerk Scott Harris told advocates that Justice Samuel Alito “will not continue to participate” in Suncor Energy Inc. v. County Commissioners of Boulder County, SCOTUSblog reported Sept. 28. Argument is Oct. 5, the opening day of the 2026–27 term. The letter offered no explanation.
Boulder sued Suncor and ExxonMobil in Colorado state court seeking damages for climate harms and alleged deception about fossil fuels. The Colorado Supreme Court allowed state-law claims to proceed; the companies say federal law and the Constitution bar such suits and warn of industry-wide liability. Dozens of similar local cases could turn on the outcome. The Trump administration filed a brief supporting the companies. Colorado Public Radio and SCOTUSblog both confirmed the recusal and calendar.
Watchdog groups had urged Alito to step aside over oil-and-gas holdings; a Court spokeswoman earlier said he had no financial interest in any party and that counsel advised recusal was not required. Alito previously detailed a financial-interest recusal in a different oil-and-gas case; this letter is thinner. With eight justices, a tie would leave the Colorado decision in place and allow Boulder’s suit to continue. Listeners can follow oral-argument audio on the Supreme Court’s website after the session, a standard same-day release for argued cases. This card is a calendar watch — no merits ruling until an opinion issues later in the term.
What we know:
Alito is out of Suncor/Boulder; argument is Oct. 5; the clerk gave no reason; a tie would affirm Colorado’s go-ahead for state claims.
What we don’t:
Alito’s specific reason for non-participation, and how the remaining justices will split on preemption and finality.
Where outlets agree SCOTUSblog and Colorado Public Radio agree Alito will not participate and that Suncor/Boulder will be argued Oct. 5.
Where they differ Critics frame the recusal around conflict concerns; the Court has not explained the decision, leaving prudence-versus-conflict narratives thinly second-sourced.