Key facts
- Justice Samuel Alito will not participate in a Supreme Court case concerning oil companies' climate change liability.
- Alito owns stock in seven energy and natural resources companies, including Phillips 66.
- The case involves Exxon Mobil and Suncor Energy, companies in which Alito does not directly hold stock.
- Watchdog groups have requested a Senate Judiciary Committee investigation into Alito's recusal decision.
- The Supreme Court adopted a formal ethics code in 2023.
Supreme Court Justice Samuel Alito has recused himself from an upcoming case that seeks to hold oil companies liable for their role in climate change, a court official stated on Monday. Alito owns stock in several energy and natural resources companies, though not Exxon Mobil or Suncor Energy, the two companies directly involved in the dispute scheduled for hearing on October 5.
Alito had previously recused himself from a related petition in 2023 but did not explain his decision to recuse himself from the current case, despite holding investments that could be affected by the outcome. Watchdog groups, including the League of Conservation Voters and the Center for Biological Diversity, have called for a Senate Judiciary Committee investigation into Alito's refusal to step back, citing potential violations of the court's ethics code. These groups argue that judges should not rule on cases where their financial interests could be benefited.
The Supreme Court adopted its first formal ethics code in 2023. However, critics like Lisa Graves, executive director of True North Research, argue the code is not enforceable and sets a lower standard for recusal than for other federal judges. Senate Judiciary Committee ranking member Dick Durbin stated that the situation highlights the need for greater transparency and an enforceable code of conduct for the justices.
Alito's financial disclosures for 2024 show holdings in companies such as AES Corp., BHP Billiton, Black Hills Corp., ConocoPhillips, OGE Energy, Phillips 66, and Woodside Energy, with values ranging from $60,000 to $245,000. He also holds a Vanguard ETF with significant investments in Exxon Mobil. The case, Suncor Energy v. Boulder County, stems from a 2018 lawsuit filed by Boulder County, Colorado, seeking compensation for damages and costs related to climate change, alleging that companies knowingly contributed to climate conditions while misrepresenting the dangers.