Justice Alito steps away from major climate dispute

Despite pushing back on earlier calls to step away from the case for his financial interests in oil companies, the conservative justice issued an about-face only a week before oral arguments.WASHINGTON (CN) — On the eve of the Supreme Court’s term opening arguments, Justice Samuel Alito said Monday he would no longer participate in a major climate dispute.Earlier this year, the George W. Bush appointee rebuffed calls to recuse from Suncor Energy v. County Commissioners of Boulder County, which tests whether local governments can sue oil companies for damages related to the impacts of climate change.But Alito appeared to reverse course on Monday, according to a letter from the court indicating he would not continue to participate in the case. The conservative justice did not cite a reason for his sudden decision. The court also did not respond to a request for comment.According to his most recent financial disclosures, Alito continued to hold stock in seven oil, gas and mining sector companies such as ConocoPhillips, Phillips 66 and OGE Energy Corp. While Alito does not hold stock in Suncor Energy or Exxon Mobil — the plaintiffs before the court in the current appeal — the companies have said a ruling in the case will ripple across the entire industry, which is facing a flurry of similar lawsuits.Alito previously recused himself from Suncor Energy in 2023 when it came up to the Supreme Court on a different question. But he refused to do the same when the case returned to the justices last year.Advocacy groups petitioned the Senate Judiciary Committee to force Alito to step aside, but the conservative justice remained resolute in his participation. In May, a court spokesperson told NBC News that legal counsel advised Alito recusal was not required, noting “Justice Alito does not have a financial interest in any party” in the case.According to the Supreme Court’s code of ethics, the justices should step down if their “impartiality might reasonably be questioned, that is, where an unbiased and reasonable person who is aware of all relevant circumstances would doubt that the justice could fairly discharge his or her duties.”The code describes instances of impartiality as having a personal bias concerning a party in a case, having participated at a prior stage of the proceeding, knowing someone close to the justice has a financial interest in the subject matter at issue or the justice’s spouse is involved in the case.Alito has also faced scrutiny for his connections to Paul Singer, whose investment firm is a major investor in Suncor Energy. Alito accepted private jet flights totaling more than $100,000 from Singer, according to ProPublica reporting, including a 2008 fishing trip to Alaska.While last-minute recusals from the high court are rare, Alito similarly stepped aside from a different dispute involving oil companies in January. Ahead of arguments in Chevron USA Inc. v. Plaquemines Parish, Alito said he would no longer participate in the case because of his financial interest in ConocoPhillips.The Supreme Court will hear oral arguments in Suncor Energy on Oct. 5.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads