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

The Debate Continues

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.

Some of those counties affected include production hot spots within the San Juan Basin in northwestern New Mexico and the Permian Basin, which straddles the New Mexico-Texas line. Photo via Getty Images

New Mexico court upholds emissions crackdown impacting oil, gas operations along Texas border

eyes on the west

The New Mexico Court of Appeals has upheld regulations aimed at cracking down on emissions in one of the nation’s top-producing oil and gas states.

The case centered on a rule adopted in 2022 by state regulators that called for curbing the pollutants that chemically react in the presence of sunlight to create ground-level ozone, commonly known as smog. High ozone levels can cause respiratory problems, including asthma and chronic bronchitis.

Democratic Gov. Michelle Lujan Grisham's administration has long argued that the adoption of the ozone precursor rule along with regulations to limit methane emissions from the industry were necessary to combat climate change and meet federal clean air standards.

New Mexico Environment Secretary James Kenney said the court's decision on Wednesday affirmed that the rule was properly developed and there was substantial evidence to back up its approval by regulators.

“These rules aren’t going anywhere,” Kenney said in a statement to The New Mexican, suggesting that the industry stop spending resources on legal challenges and start working to comply with New Mexico's requirements.

The Independent Petroleum Association of New Mexico had argued in its appeal that the rule disproportionately affected independent operators.

“The administration needs to stop its ‘death by a thousand cuts’ hostility to the smaller, family-owned, New Mexico-based operators,” the group's executive director, Jim Winchester, said in an email to the newspaper.

The group is considering its legal options.

Under the rule, oil and gas operators must monitor emissions for smog-causing pollutants — nitrogen oxides and volatile organic compounds — and regularly check for and fix leaks.

The rule applies to eight counties — Chaves, Doña Ana, Eddy, Lea, Rio Arriba, Sandoval, San Juan and Valencia — where ozone pollutants have reached at least 95% of the federal ambient air quality standard. Some of those counties include production hot spots within the San Juan Basin in northwestern New Mexico and the Permian Basin, which straddles the New Mexico-Texas line.

The industry group had argued that Chaves and Rio Arriba counties shouldn’t be included. The court disagreed, saying those counties are located within broader geographic regions that did hit that 95% threshold.

Ten-year-old radioactive waste is currently being debated about by New Mexico officials. Photo via Getty Images

Texas, New Mexico officials contemplate what to do with nuclear waste

in debate

Federal officials gathered Tuesday in southern New Mexico to mark the 25th anniversary of the nation’s only underground repository for radioactive waste resulting from decades of nuclear research and bomb making.

Carved out of an ancient salt formation about half a mile (800 meters) deep, the Waste Isolation Pilot Plant outside Carlsbad has taken in around 13,850 shipments from more than a dozen national laboratories and other sites since 1999.

The anniversary comes as New Mexico raises concerns about the federal government’s plans for repackaging and shipping to WIPP a collection of drums filled with the same kind of materials that prompted a radiation release at the repository in 2014.

That mishap contaminated parts of the underground facility and forced an expensive, nearly three-year closure. It also delayed the federal government’s multibillion-dollar cleanup program and prompted policy changes at labs and other sites across the U.S.

Meanwhile, dozens of boxes containing drums of nuclear waste that were packed at the Los Alamos National Laboratory to be stored at WIPP were rerouted to Texas, where they've remained ever since at an above-ground holding site.

After years of pressure from Texas environmental regulators, the U.S. Department of Energy announced last year that it would begin looking at ways to treat the waste so it could be safely transported and disposed of at WIPP.

But the New Mexico Environment Department is demanding more safety information, raising numerous concerns in letters to federal officials and the contractor that operates the New Mexico repository.

“Parking it in the desert of West Texas for 10 years and shipping it back does not constitute treatment,” New Mexico Environment Secretary James Kenney told The Associated Press in an interview. “So that’s my most substantive issue — that time does not treat hazardous waste. Treatment treats hazardous waste.”

The 2014 radiation release was caused by improper packaging of waste at Los Alamos. Investigators determined that a runaway chemical reaction inside one drum resulted from the mixing of nitrate salts with organic kitty litter that was meant to keep the interior of the drum dry.

Kenney said there was an understanding following the breach that drums containing the same materials had the potential to react. He questioned how that risk could have changed since the character and composition of the waste remains the same.

Scientists at Sandia National Laboratories in Albuquerque were contracted by the DOE to study the issue. They published a report in November stating that the federal government's plan to repackage the waste with an insulating layer of air-filled glass micro-bubbles would offer “additional thermal protection."

The study also noted that ongoing monitoring suggests that the temperature of the drums is decreasing, indicating that the waste is becoming more stable.

DOE officials did not immediately answer questions about whether other methods were considered for changing the composition of the waste, or what guarantees the agency might offer for ensuring another thermal reaction doesn't happen inside one of the drums.

The timetable for moving the waste also wasn't immediately clear, as the plan would need approval from state and federal regulators.

Kenney said some of the state's concerns could have been addressed had the federal government consulted with New Mexico regulators before announcing its plans. The state in its letters pointed to requirements under the repository's permit and federal laws for handling radioactive and hazardous wastes.

Don Hancock, with the Albuquerque-based watchdog group Southwest Research and Information Center, said shipments of the untreated waste also might not comply with the Nuclear Regulatory Commission's certification for the containers that are used.

“This is a classic case of waste arriving somewhere and then being stranded — 10 years in the case of this waste,” Hancock said. “That’s a lesson for Texas, New Mexico, and any other state to be sure that waste is safe to ship before it’s allowed to be shipped.”

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Houston clean energy events announce keynote speakers from Fervo, Phillips 66

where to be

Two Houston energy institutions will host their signature events this September and have named industry leaders as their keynote speakers.

The Rice Alliance Energy Tech Venture Forum and Greentown Lab's Climatetech Summit kick off Sept. 16. The events are part of Houston Energy and Climate Startup Week and Houston Energy and Climate Week.

The two-day Energy Tech Venture Forum will bring together climatech startups and professionals from around the world to hear pitches, participate in one-on-one office hours and connect with energy innovators.

Sean Maher, chief economist at Phillips 66, will open the forum with a keynote address on the macroeconomic forces shaping the energy industry. Maher also serves as vice president of investor relations at Phillips 66. He previously launched Third Gear Investments, a Houston-based energy investment firm.

Ira Ehrenpreis, founder and managing partner of DBL Partner, which manages more than $1 billion of capital and invests in companies driving social change, will present the keynote on the second day of the forum, Sept. 17. Ehrenpreis is a board member of Tesla and an investor of SpaceX. He will share insights on commercializing breakthrough technologies and what investors are looking for in today's energy innovations.

Applications for the Energy Tech Venture Forum close July 17. Register for the event here.

Fresh off a landmark IPO, Tim Latimer, co-founder and CEO of Houston-based Fervo Energy, will present the keynote at Greentown's Climatetech Summit. Latimer was recently named one of Fast Company's 2026 Visionaries of the Year.

He will be joined by Houston-based SCF Partners' David Baldwin, who will moderate the discussion. The conversation will focus on the timing of Fervo's IPO, what Latimer would have done differently at the early stages of the business, and why the company chose Houston as its headquarters.

The Climatetech Summit will bring together philanthropists, executives and innovators in the energy transition space. Greentown member startups will also present their pitches at the event. Learn more and secure tickets here.

13 Houston energy sector companies make U.S. News' best places to work

where to work

A new U.S. News & World Report ranking of the best employers has named two dozen Houston-based companies among the best companies to work in the South, and more than half are part of the region's booming energy sector.

U.S. News' prestigious "2026-2027 Best Companies to Work For" ratings examine 3,900 public and privately owned companies across 14 industries to help employees and job seekers make decisions about workplaces that may be a good fit.

Each company is rated on a scale of 1-5 across six metrics: quality of pay and benefits; work-life balance and flexibility; job and company stability; physical and psychological comfort; belongingness and esteem; and career opportunities and professional development.

"Job seekers' definitions of 'best' evolve with their needs," said Carly Chase, vice president of Careers at U.S. News. "From new grads in the AI era and seasoned pros seeking a career change, to HR leaders researching organizational trends, the ratings are a central hub that highlights businesses that U.S. News found effectively support their staff."

The number of employers headquartered in the Houston area that made the cut for 2026-2027 has skyrocketed over previous years. A total of 24 local public and private companies made the list this year, up from 16 companies in 2024 and 11 in 2025.

The highest concentration of top employers is located in Houston proper (20), followed by two companies in The Woodlands and one each in Kingwood and Spring.

Several leading Houston energy powerhouses on the list include petroleum corporation Occidental (Oxy) and oil and gas giants Chevron and Phillips 66.

Other energy sector companies on the list are:

EOG Resources, Houston
Targa Resources, Houston
TechnipFMC, Houston
Cheniere, Houston
Baker Hughes, Houston
KBR, Houston
CenterPoint Energy, Houston
Powell Industries
S&B, Houston
DXP, Houston

Here are the remaining best Houston-based companies to work for:

David Weekley Homes
Comfort Systems USA, Houston
Corebridge, Houston
Cornerstone Home Lending, Houston
Farouk, Houston
Hines, Houston
Insperity, Kingwood
HPE, Spring
Sterling Infrastructure, The Woodlands
LGI Homes, The Woodlands
PROS, Houston

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A version of this article originally appeared on CultureMap.com.

Texas City ammonia plant acquired by Yara in $1.3 billion deal

Ammonia Acquisition

Yara North America, a subsidiary of Norwegian fertilizer and ammonia producer Yara International, has agreed to buy an ammonia production plant in Texas City for $1.3 billion.

The seller is GCA Holdings, an affiliate of Texas City-based chemical manufacturer Gulf Coast Ammonia, which is owned by private equity firms Lotus Infrastructure Partners and MB Energy.

The Texas City plant, with an eventual annual capacity of 1.3 million metric tons, is expected to start full production by the end of this year. Yara says the ammonia produced by the plant will serve its own fertilizer production system and its key customers.

During a recent call with analysts and investors, Magnus Ankarstrand, executive vice president and CFO of Yara International, said the plant holds the potential to become one of the company’s most profitable plants. The $1.3 billion purchase price, he added, “is a very attractive entry ticket to ammonia production in the U.S. at a very attractive cost.”

The Texas City plant will add to Yara’s holdings in the Lone Star State, as Yara is the majority owner of an ammonia, hydrogen and nitrogen production plant in Freeport.

Construction of the ammonia plant began in 2020, but technical and infrastructure issues delayed the project. On its website, Gulf Coast Ammonia says the plant represented a $600 million investment.

“Gulf Coast Ammonia is a world-class asset that required disciplined execution across development, financing, construction, and commercial structuring,” Philipp Pletka, managing director of Lotus Infrastructure Partners, says in a news release.

Trexlertown, Pennsylvania-based Air Products, which owns and operates the country’s largest hydrogen pipeline network, will continue to supply hydrogen and nitrogen for the plant under a long-term deal with Yara, according to the release.

However, the news comes two days after Yara International announced that it would no longer be purchasing ammonia assets in the Louisiana Clean Energy Complex (LCEC) from Air Products. In a separate release, Yara said it planned to reallocate funds toward "alternative mature U.S. ammonia investment opportunities with more competitive returns."

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