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Alito Recuses Himself From Major Climate-Change Case

6:12 PM ETConfirmed

Politics Desk

In Short: Supreme Court Justice Samuel Alito recused himself Monday from the climate-change case Suncor v. Boulder, after facing calls to step aside due to his stock holdings in oil companies.

The case involves local officials in Boulder, Colorado, suing Suncor Energy and ExxonMobil for deceiving the public about the impact of fossil fuels on climate change.

Alito had previously resisted calls to recuse himself, but the court agreed to hear the case in February.

The recusal comes shortly before the court is set to hear arguments in the case, which could have broad implications for similar lawsuits across the country.

Alito does not own stock in Suncor or ExxonMobil, but he holds stocks in other oil companies, including ConocoPhillips and Phillips 66.

With Alito stepping aside, the possibility of a 4-4 split in the case is raised, leaving major legal issues unresolved.

The case is considered one of the most significant climate-related disputes to reach the Supreme Court in years.

Activists have argued that Alito’s financial holdings and ties to the energy sector create an appearance of a conflict of interest.

In May, a court spokesman said Alito had “inadvertently recused” in an earlier Colorado case, but was advised by the court’s legal counsel that his recusal was not required.

Consumer Watchdog and the Center for Climate Integrity recently renewed calls for Alito to step aside, urging him to avoid undermining public confidence in the court's impartiality.

Nagy, in a statement, said Alito’s recusal is the right decision and one he should have made from the start.

The case could determine whether state and local governments can pursue climate-damages lawsuits against fossil fuel companies in state courts.

Background

What's confirmed

• “Justice Alito’s recusal from Suncor v. Boulder is the right decision, and one he should have made from the start," Nagy said in a statement. 24/7 coverage of breaking news and live events Supreme Court Justice Samuel Alito recused himself Monday from a major climate-change case after facing calls to step aside due to stock holdings in oil companies.
• “Justice Alito has determined that he will not continue to participate in this case,” the letter reads.

What's still developing

• The oil and gas industry is hoping the court will issue a broad ruling that would prevent cases like the one in Colorado from moving forward in state courts, potentially saving it from paying out billions of dollars in damages.
• That was before the most recent calls for Alito to step aside based on the indirect benefit he could obtain from a ruling in favor of Exxon and Suncor.
• The new development was disclosed in a letter dated Monday and sent to lawyers involved in the case, with no reason given.
• The move is a "major U-turn” NBC reported, adding that the court previously told the outlet that Alito did not need to recuse himself despite an earlier recusal in related proceedings.
• The case has also become a flashpoint in the debate over Supreme Court ethics.

Sources

• ABC News - Breaking News, Latest News and Videoslink
• Justthenewslink
• NBC Newslink
• Newsweeklink
• USA Todaylink
• rawstory.comlink
• thenewcivilrightsmovement.comlink
• Looperlink
• CBS Sportslink
• Fox Newslink
• The Indian Expresslink
• Varietylink
• Thesourcelink
• Soccerladumalink
• Satyaagrahlink
• WarpBeat — background on Salk Scientists Unveil Deeper-Rooted Soybeans to Combat Climate Change link
• Capitol Signal — video link