Comer v. Murphy Oil serves as a reminder to parties in climate change suits to consider the possibility of mass recusals.

Given the number of defendants that climate change suits similar to Comer have named, any judge with energy company stocks in his portfolio will have to consider potential recusal.

“Some of these cases have plaintiffs naming an entire industry,” says John Sweeney, a lawyer at Womble Carlyle Sandridge & Rice.

And the recusal issue will likely rear its head again at the Supreme Court if it eventually hears the issue. The court would need six justices for a quorum. Trent Taylor, a partner at McGuire Woods, points out that Samuel Alito holds stock in Exxon, Stephen Breyer holds stock in BP, and Sonia Sotomayor would likely recuse herself because she sat on the panel that delivered the 2nd Circuit's decision in Connecticut v. AEP. If Elena Kagan is confirmed, her previous role as solicitor general would likely lead her to recuse herself in climate change cases during the next few years.

Comer v. Murphy Oil serves as a reminder to parties in climate change suits to consider the possibility of mass recusals.

Given the number of defendants that climate change suits similar to Comer have named, any judge with energy company stocks in his portfolio will have to consider potential recusal.

“Some of these cases have plaintiffs naming an entire industry,” says John Sweeney, a lawyer at Womble Carlyle Sandridge & Rice.

And the recusal issue will likely rear its head again at the Supreme Court if it eventually hears the issue. The court would need six justices for a quorum. Trent Taylor, a partner at McGuire Woods, points out that Samuel Alito holds stock in Exxon, Stephen Breyer holds stock in BP, and Sonia Sotomayor would likely recuse herself because she sat on the panel that delivered the 2nd Circuit's decision in Connecticut v. AEP. If Elena Kagan is confirmed, her previous role as solicitor general would likely lead her to recuse herself in climate change cases during the next few years.