Maybe Supreme Court Doesn’t Want to Rule on Climate Lawsuits

This week, we learned from the Supreme Court that Justice Samuel Alito is recusing himself from the case of Suncor Energy v. Boulder County, with oral arguments set for next Monday. Alito offered no explanation for the decision, which was entirely his to make.

It’s a startling development, since you would think Justice Alito would be champing at the bit to vote in a case that could put an end to all state-level torts over interstate greenhouse-gas emissions for alleged climate damages, such as the lawsuit pursued by Boulder County in Colorado against the energy producers Suncor and ExxonMobil. Progressives have been calling for Alito to recuse himself, as they so often do, over Alito’s financial stake in a couple of oil companies and his relationship with a hedge-fund manager whose firm invests in Suncor. But Alito reports no stake in Suncor or Exxon, and he has waved off similar calls from the left to recuse himself from cases time and again. Also, why would he recuse himself only now, a mere week before oral arguments?

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John R. Puri

John R. Puri is the Thomas L. Rhodes Fellow at National Review.

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This week, we learned from the Supreme Court that Justice Samuel Alito is recusing himself from the case of Suncor Energy v. Boulder County, with oral arguments set for next Monday. Alito offered no explanation for the decision, which was entirely his to make.

It’s a startling development, since you would think Justice Alito would be champing at the bit to vote in a case that could put an end to all state-level torts over interstate greenhouse-gas emissions for alleged climate damages, such as the lawsuit pursued by Boulder County in Colorado against the energy producers Suncor and ExxonMobil. Progressives have been calling for Alito to recuse himself, as they so often do, over Alito’s financial stake in a couple of oil companies and his relationship with a hedge-fund manager whose firm invests in Suncor. But Alito reports no stake in Suncor or Exxon, and he has waved off similar calls from the left to recuse himself from cases time and again. Also, why would he recuse himself only now, a mere week before oral arguments?