Supreme Court wrestles with energy companies’ bid to block major climate-change lawsuit

October 5, 2026 / 1:54 PM EDT / CBS News

Washington — The Supreme Court on Monday grappled with a complex dispute involving an effort by the city and county of Boulder, Colorado, to hold energy companies accountable for the effects of global climate change.

Eight of the court's nine justices heard nearly two hours of oral arguments in the case Suncor Energy v. Commissioners of Boulder County. Justice Samuel Alito recused himself from the case, the Supreme Court said last week.

No reason was given for Alito's decision to sit out the case. His financial disclosure for 2025 shows that he had individual holdings in two energy companies, ConocoPhillips and Phillips 66. Alito did not report holding individual stocks in either Exxon Mobil or Suncor Energy, the two companies that Boulder filed its lawsuit against in 2018.

Alito's recusal leaves open the possibility that the Supreme Court deadlocks 4-4 in the case. That outcome would mean the decision of the Colorado Supreme Court would stand, allowing Boulder's case to proceed.

Boulder's dispute against Exxon and Suncor remains in its early stages. At issue before the Supreme Court is whether the lawsuit can proceed or is barred by federal law.

Original source: https://www.cbsnews.com/entertainment/