Supreme Court Justice Alito withdraws from climate change litigation

In a stunning reversal, Supreme Court Justice Samuel Alito has recused himself from a major climate change case involving oil companies that the Supreme Court is scheduled to hear next week. exxon mobil and suncore energy.

Environmental groups had asked Alito, one of the court’s six conservative justices, to stay out of the case because of his holdings in oil companies.

Alito had previously refused to recuse himself from the case. The case centers on whether federal law prevents state-law claims for damages for injuries allegedly caused by climate change greenhouse gas emissions.

The case is scheduled to be argued on October 5th.

“I am writing to inform the parties that Judge Alito has decided not to continue participating in this case,” Supreme Court Clerk Scott Harris wrote to attorneys for the parties in the case, known as Suncor Energy (USA), Inc. v. Boulder County Board of County Commissioners.

Mr. Alito’s sudden dismissal raises the possibility of a split 4-4 Supreme Court decision in the case. If the Supreme Court’s decision is a tie, the lower court’s decision that was being appealed will remain in place.

The lawsuit involves the city of Boulder, Colorado, and surrounding counties seeking damages for alleged harm caused by the effects of global climate change. The trial court denied motions to dismiss filed by Sunko and Exxon, and the Colorado Supreme Court affirmed that decision and allowed the case to be heard.

If the Supreme Court rules against the oil companies, the case will proceed to trial.

In May, a Supreme Court spokesperson told NBC News that Alito had no intention of withdrawing from the case.

“Judge Alito has no financial interest in any party involved in this case,” a spokesperson told NBC News at the time, adding that Supreme Court lawyers had advised Alito that “abstention is not necessary.”