Boulder Climate Lawsuit Moves Forward at Supreme Court Without Alito

By Ishan Thakore | Colorado Public Radio

Supreme Court Justice Samuel Alito has recused himself from a landmark climate lawsuit pitting Boulder against major oil companies, the court announced in a letter Monday.  

The one-sentence letter from Scott S. Harris, the clerk of the court, provided no details on why Alito decided not to participate in Suncor v. Boulder. The high court will hear the landmark climate case at the start of its new term on Monday, Oct. 5. 

The case could directly impact roughly two dozen similar climate lawsuits working their way through state courts nationwide. 

In a 2018 complaint, the city and county of Boulder argued that the oil giants ExxonMobil and Suncor deceived consumers of the harms of burning fossil fuels, and that they should share the costs of adapting to the escalating toll of climate disasters, such as floods and wildfires. 

Alito does not own Suncor or ExxonMobil stock. But he does own thousands of dollars in investments in the oil companies ConocoPhillips and Phillips 66, according to a report released earlier this month from the advocacy group Consumer Watchdog, and Alito’s own 2025 financial disclosures.

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