- Supreme Court Justice Samuel Alito will not participate in the climate-change case involving Exxon Mobil and Suncor Energy, set for argument on Oct. 5, after previously refusing to step off.
- Alito's recusal sets up the possibility of a 4-4 split; a tie leaves in place the lower-court decision being appealed, which allowed the Boulder lawsuit to head toward trial.
- Environmental groups had called on Alito to recuse because of his holdings of stock in oil companies that are not parties to the suit.
- The case asks whether federal law precludes claims made under state law seeking damages for injuries allegedly caused by climate change from greenhouse gas emissions; the suit was brought by the city of Boulder, Colorado, and its surrounding county.
Quotes
“I am writing to inform the parties that Justice Alito has determined that he will not continue to participate in this case”
“Justice Alito does not have a financial interest in any party”