Justice Samuel Alito has recused himself from the Supreme Court case Suncor Energy v. County Commissioners of Boulder County, which concerns whether state and local climate lawsuits against fossil fuel companies can proceed. His decision, announced shortly before oral arguments scheduled for 5 October, reverses months of resistance to calls for him to step aside because he owns shares in fossil fuel companies.

The case will be heard by eight justices, leaving uncertain how Alito’s absence may affect the court’s 6–3 conservative majority and the outcome. The ruling could shape the future of dozens of similar lawsuits. A court-reform group’s director said the justices should explain recusals, while noting that the reason for Alito’s decision may never be known.