Next week the Supreme Court will hear a case out of Colorado, in which the city of Boulder is arguing that oil companies like Exxon Mobil and Suncor Energy “played a role in exacerbating climate change and therefore have caused millions of dollars of damage to its property and residents,” according to Scotusblog.
They add that “the oil and gas companies urged the state courts to dismiss the case, arguing that the state-law claims are superseded by federal environmental laws and the federal government’s power to conduct foreign policy.”
Justice Samuel Alito has just recused himself from the case, which NBC News contends is a reversal. Alito is presumably doing so because he owns stock in oil companies, though not Exxon Mobil or Suncor Energy, which are the defendants in this case. I say ‘presumably’ because Alito did not specify a reason.
Below is the news from NBC:
Conservative Supreme Court Justice Samuel Alito will no longer participate in a major climate case after facing calls that he recuse because of his stock holdings in oil companies.The new development was disclosed in a letter 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.
Alito 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 Exxon Mobil 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 because it could directly affect similar cases around 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 them from paying out billions of dollars in damages.
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