Supreme Court Hears Boulder Climate Suit as Alito Recuses

The Supreme Court of the United States opened its new term by hearing a climate-related case brought by the city and county of Boulder, Colorado. Boulder is suing oil and gas companies, including ExxonMobil and Suncor Energy, under state law for nuisance and trespass. The companies argue that federal law preempts such state-level lawsuits.

Justice Samuel Alito recused himself from the proceedings because he and his wife hold stock in oil companies. This recusal creates the possibility of a four-four split decision. In separate comments, Justice Alito noted the difficulty of predicting his own retirement timing, citing the unpredictability of health and the current political climate regarding presidential replacements.

Parallel to the legal proceedings, Democratic figures including Kamala Harris and Pete Buttigieg have discussed potential reforms for the court. These proposals include the imposition of term limits or the addition of new seats to the court.