From Mother Jones · Marianne Lavelle · · 2m
Alito Recuses from Climate Case
Alito’s recusal from Suncor v. Boulder may be too little, too late for climate accountability.
In brief
Alito’s recusal from Suncor v. Boulder may be too little, too late for climate accountability. Justice Alito recused from a key climate case after owning fossil fuel stocks, but his decision fails to address ethical concerns over court impartiality. Originally reported by Mother Jones.
Alito Recuses from Climate Case
Justice Samuel Alito decided Monday to sit out the Suncor v. Boulder climate case after months of resisting recusal calls.
Alito’s Stock Holdings
Alito holds stocks in 25+ corporations, seven in fossil fuels, and a mineral interest worth up to $250,000 in Oklahoma.
Boulder Lawsuit Details
Boulder sued Exxon and Suncor in 2018 after historic flooding destroyed 1,800 homes and caused billions in damage.
Climate Impact Cases
State courts have stayed 11 climate cases pending Suncor v. Boulder, including lawsuits from California, New Jersey, and eight California cities.
Oil Industry’s Argument
Exxon and Suncor argue energy companies should face liability for climate damages and urge the Supreme Court to prevent dozens of state lawsuits from proceeding.
“Exxon and Suncor told the court that energy companies were facing lawsuits seeking "billions of dollars in damages" and urged the Supreme Court to take the case "to prevent dozens of climate change cases from improperly barreling ahead in state court."”
Consumer Watchdog’s Stance
Consumer Watchdog states Alito’s recusal is the right decision but emphasizes the public should not wonder if his investments benefit from rulings shielding fossil fuels.
“The public should not have to wonder whether a justice’s personal investments could benefit from a ruling that shields the fossil-fuel industry from liability.”
Alito’s Past Recusals
Alito has recused himself more often than any other justice in recent years, despite owning stocks in companies that litigate in federal courts.
Exxon’s Strategy
Exxon identified Suncor v. Boulder as the "ideal vehicle" for resolving legal issues with oil companies in 2022, urging the court to grant certiorari.
“the Boulder case was the "ideal vehicle" for resolving the legal issues the industry had raised”
Ethics Code Concerns
The Supreme Court’s 2023 ethics code requires recusal for financial interests but does not address whether justices should hold individual stocks.
Alito’s Justification
Alito argued that recusing in cases would disrupt the court’s work, citing a 2023 memorandum where he explained the need for a full bench.
Public Scrutiny
Alito’s recusal fails to address concerns about downstream effects of court decisions on fossil fuel companies.
“People will wonder, "Isn’t there a downstream effect of whatever the court decides in Sunc. on…other fossil fuel companies?"”
What Happens Next
The Supreme Court will hear the Suncor v. Boulder case Monday, potentially setting precedent for climate liability cases nationwide.
Here's the gist
Justice Alito recused from a key climate case after owning fossil fuel stocks, but his decision fails to address ethical concerns over court impartiality.
