Chevron and partners to develop innovative power plants to support AI-focused data centers

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Chevron, Engine No. 1 and GE Vernova will develop power plants that allow for the future integration of lower-carbon solutions to support AI-focused data centers. Photo via Getty Images

Houston-based Chevron U.S.A. Inc., San Francisco investment firm Engine No. 1, and Boston electric service company GE Vernova have announced a partnership to create natural gas power plants in the United States. These plants support the increased demand for electricity at data centers, specifically those developing artificial intelligence solutions.

“The data centers needed to scale AI require massive amounts of 24/7 power. Meeting this demand is forecasted to require significant investment in power generation capacity, while managing carbon emissions and mitigating the risk of grid destabilization,” Chevron CEO Mike Wirth, shared in a LinkedIn post.

The companies say the plants, known as “power foundries,” are expected to deliver up to four gigawatts, equal to powering 3 million to 3.5 million U.S. homes, by the end of 2027, with possible project expansion. Their design will allow for the future integration of lower-carbon solutions, such as carbon capture and storage and renewable energy resources.

They are expected to leverage seven GE Vernova 7HA natural gas turbines, which will serve co-located data centers in the Southeast, Midwest and West. The exact locations have yet to be specified.

“Energy is the key to America’s AI dominance, “ Chris James, founder and chief investment officer of investment firm Engine No. 1, said in a news release. “By using abundant domestic natural gas to generate electricity directly connected to data centers, we can secure AI leadership, drive productivity gains across our economy and restore America’s standing as an industrial superpower. This partnership with Chevron and GE Vernova addresses the biggest energy challenge we face.”

According to the companies, the projects offer cost-effective and scalable solutions for growth in electrical demand while avoiding burdening the existing electrical grid. The companies plan to also use the foundries to sell surplus power to the U.S. power grid in the future.

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Envana Software Solutions' tech allows an oil and gas company to see a full inventory of greenhouse gases. Photo via Getty Images

Houston joint venture secures $5.2M for AI-powered methane tracking tech

fresh funds

Houston-based Envana Software Solutions has received more than $5.2 million in federal and non-federal funding to support the development of technology for the oil and gas sector to monitor and reduce methane emissions.

Thanks to the work backed by the new funding, Envana says its suite of emissions management software will become the industry's first technology to allow an oil and gas company to obtain a full inventory of greenhouse gases.

The funding comes from a more than $4.2 million grant from the U.S. Department of Energy (DOE) and more than $1 million in non-federal funding.

“Methane is many times more potent than carbon dioxide and is responsible for approximately one-third of the warming from greenhouse gases occurring today,” Brad Crabtree, assistant secretary at DOE, said in 2024.

With the funding, Envana will expand artificial intelligence (AI) and physics-based models to help detect and track methane emissions at oil and gas facilities.

“We’re excited to strengthen our position as a leader in emissions and carbon management by integrating critical scientific and operational capabilities. These advancements will empower operators to achieve their methane mitigation targets, fulfill their sustainability objectives, and uphold their ESG commitments with greater efficiency and impact,” says Nagaraj Srinivasan, co-lead director of Envana.

In conjunction with this newly funded project, Envana will team up with universities and industry associations in Texas to:

Advance work on the mitigation of methane emissions
Set up internship programs
Boost workforce development
Promote environmental causes

Envana, a software-as-a-service (SaaS) startup, provides emissions management technology to forecast, track, measure and report industrial data for greenhouse gas emissions.

Founded in 2023, Envana is a joint venture between Houston-based Halliburton, a provider of products and services for the energy industry, and New York City-based Siguler Guff, a private equity firm. Siguler Gulf maintains an office in Houston.

“Envana provides breakthrough SaaS emissions management solutions and is the latest example of how innovation adds to sustainability in the oil and gas industry,” Rami Yassine, a senior vice president at Halliburton, said when the joint venture was announced.

While our grid may be showing its age, this is the perfect time to shift from reacting to problems to getting ahead of them.

Reshaping the Texas grid: The impact of EVs, AI, renewables, and extreme weather

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Did you catch those images of idle generators that CenterPoint had on standby during Hurricane Beryl? With over 2 million people in the Houston area left in the dark, many were wondering, "if the generators are ready, why didn’t they get used?" It seems like power outages are becoming just as common as the severe storms themselves.

But as Ken Medlock, Senior Director of the Baker Institute Center for Energy Studies (CES) explains, it's not a simple fix. The outages during Hurricane Beryl were different from what we saw during Winter Storm Uri. This time, with so many poles and wires down, those generators couldn’t be put to use. It’s a reminder that each storm brings its own set of challenges, and there’s no one-size-fits-all solution when it comes to keeping the lights on. While extreme weather is one of the leading threats to our electric grid, it's certainly not the only one adding strain on our power infrastructure.

The rapid rise of artificial intelligence (AI) and electric vehicles (EVs) is transforming the way we live, work, and move. Beneath the surface of these technological marvels lies a challenge that could define the future of our energy infrastructure: they all depend on our electrical grid. As AI-powered data centers and a growing fleet of EVs demand more power than ever before, our grid—already under pressure from extreme weather events and an increasing reliance on renewable energy—faces a critical test. The question goes beyond whether our grid can keep up, but rather focuses on how we can ensure it evolves to support the innovations of tomorrow without compromising reliability today. The intersection of these emerging technologies with our aging energy infrastructure poses a dilemma that policymakers, industry leaders, and consumers must address.

Julie Cohn, Nonresident Fellow at the Center for Energy Studies at the Baker Institute for Public Policy, presents several key findings and recommendations to address concerns about the reliability of the Texas energy grid in her Energy Insight. She suggests there’s at least six developments unfolding that will affect the reliability of the Texas Interconnected System, operated by the Electric Reliability Council of Texas (ERCOT) and the regional distribution networks operated by regulated utilities.

Let’s dig deeper into some of these issues:

AI

AI requires substantial computational power, particularly in data centers that house servers processing vast amounts of data. These data centers consume large amounts of electricity, putting additional strain on the grid.

According to McKinsey & Company, a single hyperscale data center can consume as much electricity as 80,000 homes combined. In 2022, data centers consumed about 200 terawatt-hours (TWh), close to 4 percent, of the total electricity used in the United States and approximately 460 TWh globally. That’s nearly the consumption of the entire State of Texas, which consumed approximately 475.4 TWh of electricity in the same year. However, this percentage is expected to increase significantly as demand for data processing and storage continues to grow. In 2026, data centers are expected to account for 6 percent, almost 260 TWh, of total electricity demand in the U.S.

EVs

According to the Texas Department of Motor Vehicles, approximately 170,000 EVs have been registered across the state of Texas as of 2023, with Texas receiving $408 million in funding to expand its EV charging network. As Cohn suggests, a central question remains: Where will these emerging economic drivers for Texas, such as EVs and AI, obtain their electric power?

EVs draw power from the grid every time they’re plugged in to charge. This may come as a shock to some, but “the thing that’s recharging EV batteries in ERCOT right now, is natural gas,” says Medlock. And as McKinsey & Company explains, the impact of switching to EVs on reducing greenhouse gas (GHG) emissions will largely depend on how much GHG is produced by the electricity used to charge them. This adds a layer of complexity as regulators look to decarbonize the power sector.

Depending on the charger, a single EV fast charger can pull anywhere from 50 kW to 350 kW of electricity per hour. Now, factor in the constant energy drain from data centers, our growing population using power for homes and businesses, and then account for the sudden impact of severe environmental events—which have increased in frequency and intensity—and it’s clear: Houston… we have a problem.

The Weather Wildcard

Texas is gearing up for its 2025 legislative session on January 14. The state's electricity grid once again stands at the forefront of political discussions. The question is not just whether our power will stay on during the next winter storm or scorching summer heatwave, but whether our approach to grid management is sustainable in the face of mounting challenges. The events of recent years, from Winter Storm Uri to unprecedented heatwaves, have exposed significant vulnerabilities in the Texas electricity grid, and while legislative measures have been taken, they have been largely patchwork solutions.

Winter Storm Uri in 2021 was a wake-up call, but it wasn’t the first or last extreme weather event to test the Texas grid. With deep freezes, scorching summers, and unpredictable storms becoming the norm rather than the exception, it is clear that the grid’s current state is not capable of withstanding these extremes. The measures passed in 2021 and 2023 were steps in the right direction, but they were reactive, not proactive. They focused on strengthening the grid against cold weather, yet extreme heat, a more consistent challenge in Texas, remains a less-addressed threat. The upcoming legislative session must prioritize comprehensive climate resilience strategies that go beyond cold weather prep.

“The planners for the Texas grid have important questions to address regarding anticipated weather extremes: Will there be enough energy? Will power be available when and where it is needed? Is the state prepared for extreme weather events? Are regional distribution utilities prepared for extreme weather events? Texas is not alone in facing these challenges as other states have likewise experienced extremely hot and dry summers, wildfires, polar vortexes, and other weather conditions that have tested their regional power systems,” writes Cohn.

Renewable Energy and Transmission

Texas leads the nation in wind and solar capacity (Map: Energy, Environment, and Policy in the US), however the complexity lies in getting that energy from where it’s produced to where it’s needed. Transmission lines are feeling the pressure, and the grid is struggling to keep pace with the rapid expansion of renewables. In 2005, the Competitive Renewable Energy Zones (CREZ) initiative showed that state intervention could significantly accelerate grid expansion. With renewables continuing to grow, the big question now is whether the state will step up again, or risk allowing progress to stall due to the inadequacy of the infrastructure in place. The legislature has a choice to make: take the lead in this energy transition or face the consequences of not keeping up with the pace of change.

Conclusion

The electrical grid continues to face serious challenges, especially as demand is expected to rise. There is hope, however, as regulators are fully aware of the strain. While our grid may be showing its age, this is the perfect time to shift from reacting to problems to getting ahead of them.

As Cohn puts it, “In the end, successful resolution of the various issues will carry significant benefits for existing Texas industrial, commercial, and residential consumers and have implications for the longer-term economic attractiveness of Texas. Suffice it to say, eyes will be, and should be, on the Texas legislature in the coming session.”

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Scott Nyquist is a senior advisor at McKinsey & Company and vice chairman, Houston Energy Transition Initiative of the Greater Houston Partnership. The views expressed herein are Nyquist's own and not those of McKinsey & Company or of the Greater Houston Partnership. This article originally ran on LinkedIn on September 11, 2024.

Researchers have secured $3.3 million in funding to develop an AI-powered subsurface sensing system aimed at improving the safety and efficiency of underground power line installation. Photo via Getty Images

Houston researchers earn $3.3M in DOE funding to develop safer underground power line installation

going under

Researchers from the University of Houston — along with a Hawaiian company — have received $3.3 million in funding to explore artificial intelligence-backed subsurface sensing system for safe and efficient underground power line installation.

Houston's power lines are above ground, but studies show underground power is more reliable. Installing underground power lines is costly and disruptive, but the U.S. Department of Energy, in an effort to find a solution, has put $34 million into its new GOPHURRS program, which stands for Grid Overhaul with Proactive, High-speed Undergrounding for Reliability, Resilience, and Security. The funding has been distributed across 12 projects in 11 states.

“Modernizing our nation’s power grid is essential to building a clean energy future that lowers energy costs for working Americans and strengthens our national security,” U.S. Secretary of Energy Jennifer M. Granholm says in a DOE press release.

UH and Hawaii-based Oceanit are behind one of the funded projects, entitled “Artificial Intelligence and Unmanned Aerial Vehicle Real-Time Advanced Look-Ahead Subsurface Sensor.”

The researchers are looking a developing a subsurface sensing system for underground power line installation, potentially using machine learning, electromagnetic resistivity well logging, and drone technology to predict and sense obstacles to installation.

Jiefu Chen, associate professor of electrical and computer engineering at UH, is a key collaborator on the project, focused on electromagnetic antennas installed on UAV and HDD drilling string. He's working with Yueqin Huang, assistant professor of information science technology, who leads the geophysical signal processing and Xuqing Wu, associate professor of computer information systems, responsible for integrating machine learning.

“Advanced subsurface sensing and characterization technologies are essential for the undergrounding of power lines,” says Chen in the release. “This initiative can enhance the grid's resilience against natural hazards such as wildfires and hurricanes.”

“If proven successful, our proposed look-ahead subsurface sensing system could significantly reduce the costs of horizontal directional drilling for installing underground utilities,” Chen continues. “Promoting HDD offers environmental advantages over traditional trenching methods and enhances the power grid’s resilience.”

The GHRI Phase Two will lead to more than 125 million fewer outage minutes annually, according to CenterPoint. Photo via centerpoint.com

CenterPoint’s Greater Houston Resiliency Initiative makes advancements on progress

step by step

CenterPoint Energy has released the first of its public progress updates on the actions being taken throughout the Greater Houston 12-county area, which is part of Phase Two of its Greater Houston Resiliency Initiative.

The GHRI Phase Two will lead to more than 125 million fewer outage minutes annually, according to CenterPoint.

According to CenterPoint, they have installed around 4,600 storm-resilient poles, installed more than 100 miles of power lines underground, cleared more than 800 miles of hazardous vegetation to improve reliability, and installed more self-healing automation all during the first two months of the program in preparation for the 2025 hurricane season.

"This summer, we accomplished a significant level of increased system hardening in the first phase of the Greater Houston Resilience Initiative,” Darin Carroll, senior vice president of CenterPoint Energy's Electric Business, says in a news release.

”Since then, as we have been fully engaged in delivering the additional set of actions in our second phase of GHRI, we continue to make significant progress as we work toward our ultimate goal of becoming the most resilient coastal grid in the country,” he continues.

The GHRI is a series of actions to “ strengthen resilience, enable a self-healing grid and reduce the duration and impact of power outages” according to a news release. The following progress through early November include:

The second phase of GHRI will run through May 31, 2025. During this time, CenterPoint teams will be installing 4,500 automated reliability devices to minimize sustained interruptions during major storms, reduce restoration times, and establish a network of 100 new weather monitoring stations. CenterPoint plans to complete each of these actions before the start of the next hurricane season.

“Now, and in the months to come, we will remain laser-focused on completing these critical resiliency actions and building the more reliable and more resilient energy system our customers expect and deserve," Carroll adds.

CenterPoint also announced that it has completed all 42 of the critical actions the company committed to taking in the aftermath of Hurricane Beryl. Some of the actions were trimming or removing higher-risk vegetation from more than 2,000 power line miles, installing more than 1,100 more storm-resilient poles, installing over 300 automated devices to reduce sustained outages, launching a new, cloud-based outage tracker, improving CenterPoint's Power Alert Service, hosting listening sessions across the service area and using feedback.

In October, CenterPoint Energy announced an agreement with Artificial Intelligence-powered infrastructure modeling platform Neara for engineering-grade simulations and analytics, and to deploy Neara’s AI capabilities across CenterPoint’s Greater Houston service area.

Neara’s AI-enabled simulation and analytics platform can help CenterPoint reduce customer outages and accelerate restoration efforts. Photo via Getty Images

CenterPoint partners with AI company to help reduce outages, help restoration

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CenterPoint Energy announced an agreement with Artificial Intelligence-powered infrastructure modeling platform Neara for engineering-grade simulations and analytics, and to deploy Neara’s AI capabilities across CenterPoint’s Greater Houston service area.

“We are thrilled to collaborate with CenterPoint as they lead the charge in addressing today’s most existential energy challenges,” Robert Brook, senior vice president and managing director of Neara Americas, says in a news release.

Neara’s AI-enabled simulation and analytics platform can help CenterPoint reduce customer outages and accelerate restoration efforts. The technology can support CenterPoint’s efforts to address higher-risk vegetation along power lines, and identify equipment upgrades. Upgrades can include pole replacements or reinforcements. The platform will help CenterPoint to prioritize “assets and locations where grid hardening improvements will help optimize system-wide benefit,” per the release.

"Our 3D digital modeling technology will help CenterPoint proactively reduce customer outages by simulating severe weather events, such as hurricanes, tropical storms, heat waves and flash floods, and their potential impact on the utility’s infrastructure,” Brook says in the release.

CenterPoint recently announced the ahead of schedule completion of core resiliency actions as part of the first phase of its Greater Houston Resiliency Initiative (GHRI). This included a series of targeted actions to improve the resiliency of CenterPoint Houston Electric's grid with a second phase of GHRI that will include strategic undergrounding, system hardening, self-healing grid technology and enhancements to the company's outage tracker. These efforts are all part of a longer-term resilience plan.

“Leveraging technology and AI to deliver better outcomes for our customers and communities is a significant part of the commitment we made after Hurricane Beryl,” adds CenterPoint President and CEO Jason Wells in a news release. “By simulating the potential impact of severe weather events on our infrastructure and customers, Neara’s platform and tools will inform our plans and actions before, during and after major weather events to help reduce the impact and duration of power outages. Understanding how weather scenarios and their risks could affect our operations will position us to be several steps ahead on our preparedness and response.”

In the wake of Hurricane Beryl, CenterPoint Energy announced its Greater Houston Resiliency Initiative. The initiative will include an “accelerated timeline to execute specific actions to strengthen electric infrastructure across Houston, and more than 40 critical actions in total to strengthen the electric grid, and improve the company's customer communications and emergency coordination before the next hurricane,” according to the company.

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2 Houston startups join Greentown Labs' BIPOC-led accelerator program

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Greentown Labs and Browning the Green Space announced the newest cohort for its Advancing Climatetech and Clean Energy Leaders Program, or ACCEL, which works to advance BIPOC-led startups in the climatetech space.

Two Houston companies and one from Austin are among the eight startups to be named to the 2025 group.

“The startups selected for the third ACCEL cohort represent a phenomenal range of energy and climatetech innovations, which underscores our belief that everyone and many solutions must play a role in our community’s collective decarbonization efforts,” Georgina Campbell Flatter, Greentown’s new CEO, said in a release. “We’re proud to welcome these entrepreneurs to our community and eager to see all they’ll achieve throughout the program and beyond!”

Each of the early-stage startups within the cohort will receive $25,000 in non-dilutive grant funding and participate in the year-long program focused on product and technology development, market development, fundraising and management, and team development, according to Greentown. The curriculum is led by VentureWell, a nonprofit with expertise in venture development in climatetech.

The Houston companies include:

Carbonext, founded by Olanrewaju Tanimola. The company is leveraging its proprietary, off-the-shelf 3D-graphene technology to develop integrated solutions with carbon-coated silicon anodes to address challenges in the graphite ecosystem, as well as lithium-battery anodes.
PLASENE, founded by Sohel Shaikh, Alper Gulludag and Romolo Raciti. The company offers an innovative platform that converts plastic waste into liquid fuel and low-carbon hydrogen through its proprietary catalysts and modular, scalable, pre-engineered units

The remaining six companies are:

Inductive Robotics, founded in Austin by Madhav Ayyagari and David Alspaugh. The startup deploys autonomous robots that deliver EV charging directly to parked vehicles in commercial parking facilities, using a subscription-based model.
Andros Innovations, founded in Cambridge, Massachusetts by Laron Burrows. The startup has developed a reactor that produces ammonia more cheaply, cleanly and safely than traditional methods do.
FAST Metals, founded in Worcester, Massachusetts by Sumedh Gostu and Anthony Staley. It has developed a hydrometallurgical-recovery process capable of extracting iron, aluminum, scandium, titanium, and other rare-earth elements from industrial tailings.
Respire Energy, founded in Boston by Dave Hsu, Xiaowei Teng, and Candy Wong. The energy storage startup has developed a safe, low-cost, and long-duration metal-air battery designed for microgrids.
Tato Labs, founded in Brooklyn by Mecca McDonald and Mia Dunn. It is developing scalable, innovative, bioplastic products and packaging solutions that leverage potato starch, protect and preserve the natural ecosystem, and minimize plastic waste.
Thola, founded in Portland, Maine, by Nneile Nkholise and Lerato Takana. The company provides an on-demand marketplace for commercial-building sustainability and safety management, with a mission to decarbonize old buildings.

ACCEL is supported by the Massachusetts Clean Energy Center (MassCEC), Shell, Equinor, the Growth Capital Division of MassDevelopment, Microsoft and the Barr Foundation.

The accelerator has supported 13 early-stage startups since it was founded in 2023, resulting in $325,000 in grant funding. Houston companies have been represented in each cohort. Click here to see the 2024 cohort and here to see the inaugural 2023 cohort.

Houston oil and gas producer expands into renewables, announces new Baytown facility

Renewables News

Houston American Energy Corp. (NYSE: HUSA), an oil and gas exploration and production company, has entered into a definitive agreement to acquire New York-based Abundia Global Impact Group LLC, which specializes in converting waste into high-value fuels and chemicals.

HUSA is expected to close on the AGIG acquisition early in the second quarter and says the deal aims to provide value through “innovation in the renewable energy sector,” according to a news release.

As part of the deal, HUSA will acquire 100% of AGIG’s issued and outstanding units. HUSA will also issue to AGIG’s members a number of shares of HUSA common stock that will equal 94 percent of HUSA’s aggregate issued and outstanding common stock at the time of the closing. The company also closed a $4.42 million registered direct offering in January.

“AGIG has developed a commercially ready project for converting waste into valuable fuels and chemicals, and this transaction gives HUSA shareholders a ready-made platform and project pipeline for future value generation,” Peter Longo, CEO of Houston American Energy Corp, said in a news release. “We are witnessing the growing momentum of the fuel and chemical industry’s transformation into alternative solutions like recycled chemical alternatives and the highly publicized sustainable aviation fuel market.”

AGIG will build its first advanced plastic recycling facility in the Cedar Port Industrial Park in the Baytown area of Houston. The facility will represent the first phase of a growth plan aimed at scaling AGIG’s technologies for producing renewable fuels and chemicals from waste, according to the company. The Cedar Port facility will serve as a hub for a five-year development plan and will be designed to scale production capacity.

"We are excited to use this platform to support the deployment and development of our suite of technologies that will assist in the evolution of fuel, chemical and waste markets, providing commercial alternatives and sustainable products,” AGIG CEO Ed Gillespie said in a news release.

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

The Debate Continues

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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