Overview
- The court clerk, Scott Harris, told the parties in a one-line letter on Monday, Sept. 28, that Justice Samuel Alito "has determined that he will not continue to participate in this case."
- Oral argument in Suncor Energy v. County Commissioners of Boulder County remains set for Oct. 5 with only eight justices, creating a realistic chance of a 4-4 tie that would let the Colorado rulings stand.
- Alito’s 2025 financial disclosures show holdings in oil and gas firms such as ConocoPhillips and Phillips 66, which fueled public pressure from environmental and watchdog groups for him to step aside.
- The justice later told Bloomberg he attributes the relevant energy-stock positions to his wife’s inherited holdings, a point he raised after the court’s one-sentence notice gave no explanation.
- The case could shape dozens of similar state and local suits seeking billions in damages because a broad ruling for the industry would narrow state-law claims while a tie would leave those claims in state court.