In reversal, Justice Samuel Alito steps aside from major climate case

Supreme Court Justice Samuel Alito will not participate in the case involving ExxonMobil and Suncor Energy.Chip Somodevilla / Getty Images fileShareAdd NBC News to GoogleSept. 28, 2026, 2:10 PM EDT / Updated Sept. 28, 2026, 2:36 PM EDTBy Lawrence HurleyWASHINGTON — Conservative Supreme Court Justice Samuel Alito will no longer participate in a major climate change case after facing calls that he recuse himself because of his stock holdings in oil companies.

The new development was disclosed in a letter dated Monday and sent to lawyers involved in the case, with no reason given.

“Justice Alito has determined that he will not continue to participate in this case,” the letter said.

Add to GoogleNovel climate change lawsuit seeking damages from oil companies heads to Supreme Court02:39Alito had, via a court spokeswoman, previously told NBC News there was no need for him to step aside from the case, which is being argued next week and could have broad nationwide implications when the court issues a ruling.

Left-leaning groups have repeatedly called for Alito’s recusal from the case, in which ExxonMobil and Suncor Energy are seeking to toss out a Colorado lawsuit seeking damages from the oil companies for the impacts of climate change.

Although Alito does not own stocks in either company, he does hold stocks in oil companies ConocoPhillips and Phillips 66, as well as five other firms involved in the energy sector, his financial disclosure report says.

Activists calling for his recusal said the companies he holds stocks in could benefit if the Supreme Court throws out the Colorado case, brought by the city and county of Boulder, because it could directly affect similar cases across the country in which they are among the defendants.

The court has a 6-3 conservative majority. With Alito stepping aside, it raises the possibility of a 4-4 split, which would leave the major legal issues unresolved.

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.

Earlier in the litigation, in 2023, Alito did recuse himself when the court turned away an appeal from the companies in the Colorado case.

On the same day, the court rejected appeals in similar cases involving other companies, including ConocoPhillips and Phillips 66. Alito also did not participate in those cases.

In May, a court spokesman said Alito had “inadvertently recused” in the earlier Colorado case.

“Justice Alito does not have a financial interest in any party” involved in the case, the court spokeswoman said in a statement provided to NBC News at the time. Alito was advised by the court’s legal counsel that “his recusal is not required,” she added.

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.

Earlier this month, an advocacy group called Consumer Watchdog pointed to disclosures made by ConocoPhillips and Phillips 66 to shareholders in which they warned of the risks the companies face as a result of climate lawsuits making similar claims to the Colorado case.

“Justice Alito’s recusal ... is the right decision, and one he should have made from the start,” Alexandra Nagy, the group’s organizing director, said in a statement.

The Supreme Court spokeswoman did not immediately respond to a request seeking further comment.

Some conservatives have also pushed for liberal Justice Elena Kagan to recuse herself in the case because of a controversy over a chapter on climate change included in, and subsequently removed from, a reference manual for judges. Kagan wrote a brief foreword to the manual and recently told lawmakers that she never read the chapter in question.

Lawrence HurleyLawrence Hurley is a senior Supreme Court reporter for NBC News.