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In reversal, Justice Samuel Alito steps aside from major climate case
The justices could be split 4-4, leaving key questions in the Colorado climate dispute unresolved, according to court filings.
On Monday, Supreme Court Justice Samuel Alito announced he will not participate in a major climate case next week regarding whether Boulder, Colorado, may sue Exxon Mobil and Suncor Energy for climate damages.
Environmental groups argued Alito was compromised by financial holdings in ConocoPhillips and Phillips 66, pressuring him to step aside after the court earlier stated his recusal was not required.
Arguments focus on whether federal law and the Constitution "preempted" state tort laws, with the court's decision potentially affecting numerous lawsuits seeking billions of dollars in climate change damages.
Supreme Court clerk Scott Harris informed lawyers in a letter that Alito "determined that he will not continue to participate in this case," raising the possibility of a 4-4 split.
While the court maintains a 6-3 conservative majority, this decision marks an about-face from earlier this year when officials stated Alito did not need to step aside, though he recused himself in 2023.