Justice Alito will sit out the Supreme Court climate case against Exxon and Suncor, leaving eight justices to decide it
Suncor Energy v. Boulder County will decide whether Colorado climate-damage suits against the two oil companies can go forward.
A 4-4 split would leave Colorado's ruling in place. That ruling let Boulder County's climate suit go forward in state court, and it serves as a test for similar suits by other states and cities. Alito had taken part in the court's February vote to hear the case (The Hill). The court clerk's one-line letter gave no reason. NBC News reports that Alito's disclosure lists energy stocks, but no source ties them to his decision.
Key facts:
- Oral arguments are Monday, Oct. 5, the first case of the term.
- Alito's disclosure lists ConocoPhillips, Phillips 66 and 5 other energy-sector firms (per NBC News).
- Boulder County sued Exxon Mobil and Suncor in Colorado state court in 2018.