Justice Alito Recuses From Landmark Climate Case, Says Consumer Watchdog

This month Consumer Watchdog revealed companies Alito invests in warned shareholders climate lawsuits pose financial risks — at least one company is a defendant in every case identified as stayed pending Suncor

WASHINGTON, Sept. 28, 2026 /PRNewswire/ -- Supreme Court Justice Samuel Alito has recused himself from Suncor v. Boulder, the landmark climate deception case that will open the Supreme Court's new term exactly one week from today, on Oct. 5, following Consumer Watchdog's call for him to step aside over his investments in oil companies facing climate lawsuits that could be affected by the case.

The Supreme Court clerk informed the parties Monday that Alito "has determined that he will not continue to participate in this case." The Court offered no explanation for the decision.

Alito's recusal follows new research released by Consumer Watchdog showing that he owns individual stock in ConocoPhillips and Phillips 66, two companies that have warned their shareholders for years that climate lawsuits against them pose financial risks.

Consumer Watchdog's review also found that every climate case identified as currently stayed pending the outcome of Suncor v. Boulder names ConocoPhillips, Phillips 66 or both as defendants. Those cases include lawsuits brought by California, New Jersey, Delaware, Hoboken and eight California cities and counties.

"Justice Alito's recusal from Suncor v. Boulder is the right decision, and one he should have made from the start. The Supreme Court's Code of Conduct says a justice should step aside when the justice has a financial interest in the subject matter of a case or another interest that could be substantially affected by its outcome. Justice Alito holds investments in ConocoPhillips and Phillips66. 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," said Alexandra Nagy, Organizing Director with Consumer Watchdog. 

Alito's decision comes exactly one week before the Supreme Court begins its 2026-2027 term. Suncor Energy v. Boulder County will be the first case argued before the Court when the Justices return to the bench at 10 a.m. on Oct. 5.

SOURCE Consumer Watchdog