The Debate Continues

Supreme Court confronts what to do with growing pile of nuclear waste

Republicans and Democrats, environmental groups and the oil and gas industry all oppose the temporary sites. Photo via uh.edu

The Supreme Court will hear arguments Wednesday in a fight over plans to store nuclear waste at sites in rural Texas and New Mexico.President Joe Biden's administration and a private company with a license for the Texas facility appealed a ruling by the 5th U.S. Circuit Court of Appeals that found that the Nuclear Regulatory Commission exceeded its authority in granting the license. The outcome of the case will affect plans for a similar facility in New Mexico roughly 40 miles away.

On this issue, President Donald Trump's administration is sticking with the views of its predecessor, even with Texas Gov. Greg Abbott, a Republican ally of Trump, on the other side.

The push for temporary storage sites is part of the complicated politics of the nation’s so far futile quest for a permanent underground storage facility.

Here's what to know about the case.

Where is spent nuclear fuel stored now?

Roughly 100,000 tons of spent fuel, some of it dating from the 1980s, is piling up at current and former nuclear plant sites nationwide and growing by more than 2,000 tons a year. The waste was meant to be kept there temporarily before being deposited deep underground.

A plan to build a national storage facility northwest of Las Vegas at Yucca Mountain has been mothballed because of staunch opposition from most Nevada residents and officials.

The Nuclear Regulatory Commission has said that the temporary storage sites are needed because existing nuclear plants are running out of room. The presence of the spent fuel also complicates plans to decommission some plants, the Justice Department said in court papers.

Where would it go?

The NRC granted the Texas license to Interim Storage Partners LLC for a facility that could take up to 5,000 metric tons of spent nuclear fuel rods from power plants and 231 million tons of other radioactive waste. The facility would be built next to an existing dump site in Andrews County for low-level waste, such as protective clothing and other material that has been exposed to radioactivity. The Andrews County site is about 350 miles west of Dallas, near the Texas-New Mexico state line.

The New Mexico facility would be in Lea County, in the southeastern part of the state near Carlsbad. The NRC gave a license for the site to Holtec International.

The licenses would allow for 40 years of storage, although opponents contend the facilities would be open indefinitely because of the impasse over permanent storage.

Political opposition is bipartisan

Republicans and Democrats, environmental groups and the oil and gas industry all oppose the temporary sites.

Abbott is leading Texas' opposition to the storage facility. New Mexico Democratic Gov. Michelle Lujan Grisham also is opposed to the facility planned for her state.

A brief led by Republican Texas Sen. Ted Cruz on behalf of several lawmakers calls the nuclear waste contemplated for the two facilities an “enticing target for terrorists” and argues it's too risky to build the facility atop the Permian Basin, the giant oil and natural gas region that straddles Texas and New Mexico.

Elected leaders of communities on the routes the spent fuel likely would take to New Mexico and Texas also are opposed.

What are the issues before the court?

The justices will consider whether, as the NRC argues, the states forfeited their right to object to the licensing decisions because they declined to join in the commission’s proceedings.

Two other federal appeals courts, in Denver and Washington, that weighed the same issue ruled for the agency. Only the 5th Circuit allowed the cases to proceed.

The second issue is whether federal law allows the commission to license temporary storage sites. Opponents are relying on a 2022 Supreme Court decision that held that Congress must act with specificity when it wants to give an agency the authority to regulate on an issue of major national significance. In ruling for Texas, the 5th Circuit agreed that what to do with the nation’s nuclear waste is the sort of “major question” that Congress must speak to directly.

But the Justice Department has argued that the commission has long-standing authority to deal with nuclear waste reaching back to the 1954 Atomic Energy Act.

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A View From HETI

A key threshold for limiting global warming will be nearly unavoidable, scientists say. Photo via Pexels

Humans are on track to release so much greenhouse gas in less than three years that a key threshold for limiting global warming will be nearly unavoidable, according to a study released June 19.

The report predicts that society will have emitted enough carbon dioxide by early 2028 that crossing an important long-term temperature boundary will be more likely than not. The scientists calculate that by that point there will be enough of the heat-trapping gas in the atmosphere to create a 50-50 chance or greater that the world will be locked in to 1.5 degrees Celsius (2.7 degrees Fahrenheit) of long-term warming since preindustrial times. That level of gas accumulation, which comes from the burning of fuels like gasoline, oil and coal, is sooner than the same group of 60 international scientists calculated in a study last year.

“Things aren’t just getting worse. They’re getting worse faster,” said study co-author Zeke Hausfather of the tech firm Stripe and the climate monitoring group Berkeley Earth. “We’re actively moving in the wrong direction in a critical period of time that we would need to meet our most ambitious climate goals. Some reports, there’s a silver lining. I don’t think there really is one in this one.”

That 1.5 goal, first set in the 2015 Paris agreement, has been a cornerstone of international efforts to curb worsening climate change. Scientists say crossing that limit would mean worse heat waves and droughts, bigger storms and sea-level rise that could imperil small island nations. Over the last 150 years, scientists have established a direct correlation between the release of certain levels of carbon dioxide, along with other greenhouse gases like methane, and specific increases in global temperatures.

In Thursday's Indicators of Global Climate Change report, researchers calculated that society can spew only 143 billion more tons (130 billion metric tons) of carbon dioxide before the 1.5 limit becomes technically inevitable. The world is producing 46 billion tons (42 billion metric tons) a year, so that inevitability should hit around February 2028 because the report is measured from the start of this year, the scientists wrote. The world now stands at about 1.24 degrees Celsius (2.23 degrees Fahrenheit) of long-term warming since preindustrial times, the report said.

Earth's energy imbalance

The report, which was published in the journal Earth System Science Data, shows that the rate of human-caused warming per decade has increased to nearly half a degree (0.27 degrees Celsius) per decade, Hausfather said. And the imbalance between the heat Earth absorbs from the sun and the amount it radiates out to space, a key climate change signal, is accelerating, the report said.

“It's quite a depressing picture unfortunately, where if you look across the indicators, we find that records are really being broken everywhere,” said lead author Piers Forster, director of the Priestley Centre for Climate Futures at the University of Leeds in England. “I can't conceive of a situation where we can really avoid passing 1.5 degrees of very long-term temperature change.”

The increase in emissions from fossil-fuel burning is the main driver. But reduced particle pollution, which includes soot and smog, is another factor because those particles had a cooling effect that masked even more warming from appearing, scientists said. Changes in clouds also factor in. That all shows up in Earth’s energy imbalance, which is now 25% higher than it was just a decade or so ago, Forster said.

Earth’s energy imbalance “is the most important measure of the amount of heat being trapped in the system,” Hausfather said.

Earth keeps absorbing more and more heat than it releases. “It is very clearly accelerating. It’s worrisome,” he said.

Crossing the temperature limit

The planet temporarily passed the key 1.5 limit last year. The world hit 1.52 degrees Celsius (2.74 degrees Fahrenheit) of warming since preindustrial times for an entire year in 2024, but the Paris threshold is meant to be measured over a longer period, usually considered 20 years. Still, the globe could reach that long-term threshold in the next few years even if individual years haven't consistently hit that mark, because of how the Earth's carbon cycle works.

That 1.5 is “a clear limit, a political limit for which countries have decided that beyond which the impact of climate change would be unacceptable to their societies,” said study co-author Joeri Rogelj, a climate scientist at Imperial College London.

The mark is so important because once it is crossed, many small island nations could eventually disappear because of sea level rise, and scientific evidence shows that the impacts become particularly extreme beyond that level, especially hurting poor and vulnerable populations, he said. He added that efforts to curb emissions and the impacts of climate change must continue even if the 1.5 degree threshold is exceeded.

Crossing the threshold "means increasingly more frequent and severe climate extremes of the type we are now seeing all too often in the U.S. and around the world — unprecedented heat waves, extreme hot drought, extreme rainfall events, and bigger storms,” said University of Michigan environment school dean Jonathan Overpeck, who wasn't part of the study.

Andrew Dessler, a Texas A&M University climate scientist who wasn't part of the study, said the 1.5 goal was aspirational and not realistic, so people shouldn’t focus on that particular threshold.

“Missing it does not mean the end of the world,” Dessler said in an email, though he agreed that “each tenth of a degree of warming will bring increasingly worse impacts.”

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