Alito Says Recusal in Climate Case Is ‘Prudent’ But Not Required

(Bloomberg) — US Supreme Court Justice Samuel Alito said his withdrawal from a high-stakes climate change case involving the oil and gas industry was a “difficult judgment call” he made even after the court’s legal office said he didn’t have to disqualify himself.

In an interview Wednesday, Alito offered his first public explanation for a step that could prove pivotal as the court considers whether the city and county of Boulder, Colorado, can sue Exxon Mobil Corp. and Suncor Energy Inc. for the costs of coping with climate change. The court announced his recusal on Monday without any explanation.

The case, set for argument next Monday, is likely to determine the fate of dozens of similar suits against energy businesses, including ConocoPhillips and Phillips 66. The Alito family owns stock in those companies, according to his most recent financial disclosure form.

Although Alito took part when the court agreed to hear the case in February, he said Wednesday he decided to back out after looking more deeply at the case in the run-up to the argument. A coalition of watchdog and environmental groups had called on Alito to disqualify himself. 

“Taking into account the particular arguments that were made on both sides here, I thought that recusal was the prudent step,” Alito said.

Federal law requires judges to step aside if they own stock in one of the parties to a legal fight but doesn’t impose a similar restriction for shares in companies that could be affected. 

“Under that rule, I was not required to be recused, and I asked our legal office, as is my custom on any case where there’s an arguable recusal issue, to give me their opinion on whether I was required to recuse, and they said, ‘No.’”

The conservative justice’s decision could make it harder for the companies to secure the five votes they need to stop the Boulder suit. It opens the possibility of a 4-4 split, a result that would let the case go forward without setting a nationwide precedent. 

Alito said his wife, Martha-Ann Alito, inherited the energy shares. “She wants to hold on to individual stock, and so we have stock holdings in some companies in the oil and gas field,” he said. 

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