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 scientists' breakthrough moves superconductivity closer to real-world use

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University of Houston researchers have set a new benchmark in the field of superconductivity.

Researchers from the UH physics department and the Texas Center for Superconductivity (TcSUH) have broken the transition temperature record for superconductivity at ambient pressure. The accomplishment could lead to more efficient ways to generate, transmit and store energy, which researchers believe could improve power grids, medical technologies and energy systems by enabling electricity to flow without resistance, according to a release from UH.

To break the record, UH researchers achieved a transition temperature 151 Kelvin, which is the highest ever recorded at ambient pressure since the discovery of superconductivity in 1911.

The transition temperature represents the point just before a material becomes superconducting, where electricity can flow through it without resistance. Scientists have been working for decades to push transition temperature closer to room temperature, which would make superconducting technologies more practical and affordable.

Currently, most superconductors must be cooled to extremely low temperatures, making them more expensive and difficult to operate.

UH physicists Ching-Wu Chu and Liangzi Deng published the research in the Proceedings of the National Academy of Sciences earlier this month. It was funded by Intellectual Ventures and the state of Texas via TcSUH and other foundations. Chu, founding director and chief scientist at TcSUH, previously made the breakthrough discovery that the material YBCO reaches superconductivity at minus 93 K in 1987. This helped begin a global competition to develop high-temperature superconductors.

“Transmitting electricity in the grid loses about 8% of the electricity,” Chu, who’s also a professor of physics at UH and the paper’s senior author, said in a news release. “If we conserve that energy, that’s billions of dollars of savings and it also saves us lots of effort and reduces environmental impacts.”

Chu and his team used a technique known as pressure quenching, which has been adapted from techniques used to create diamonds. With pressure quenching, researchers first apply intense pressure to the material to enhance its superconducting properties and raise its transition temperature.

Next, researchers are targeting ambient-pressure, room-temperature superconductivity of around 300 K. In a companion PNAS paper, Chu and Deng point to pressure quenching as a promising approach to help bridge the gap between current results and that goal.

“Room-temperature superconductivity has been seen as a ‘holy grail’ by scientists for over a century,” Rohit Prasankumar, director of superconductivity research at Intellectual Ventures, said in the release. “The UH team’s result shows that this goal is closer than ever before. However, the distance between the new record set in this study and room temperature is still about 140 C. Closing this gap will require concerted, intentional efforts by the broader scientific community, including materials scientists, chemists, and engineers, as well as physicists.”

Energy expert: What record heat and extended summers mean for Texans

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Earth’s third-warmest year on record occurred in 2025, reinforcing a decades-long pattern of rising global temperatures. This warming trend is increasingly reflected in regional weather patterns across the United States, particularly in Texas, where hotter summers, prolonged droughts, and heavier rainfall events are becoming more common.

A 2024 report from Texas A&M University highlights how these shifts are already reshaping weather conditions across the Lone Star State. The assessment analyzes climate and weather data from 1900 through 2023 and projects likely trends through 2036.

Its findings suggest that extreme weather in Texas is not only increasing but also becoming more hazardous for communities, infrastructure, and the economy.

A Rise in Extreme Heat
One of the most dramatic changes is the increasing frequency of extreme heat events. Summer temperatures in Texas have climbed back to levels not seen since the early 20th century, and projections suggest they will exceed those historic highs within the next decade.

Triple-digit temperatures are becoming far more common. In the 1970s and 1980s, most parts of Texas experienced relatively few days above 100°F in a typical year. By 2036, those days are expected to occur about four times as often, especially across North, Central, and West Texas.

Houston reflects that broader trend. Five of the 10 years with the most 100-degree days on record in the city have occurred since 2000, according to records dating back to the late 1880s.

The summer of 2023 was Houston’s hottest on record, surpassing even the historic heat of 2011. While short-term cold snaps still occur, climate data suggests extreme summer heat will become more frequent in the years ahead.

Heat waves are also starting earlier in the year and lasting longer. As of 2024, the average length of heat-wave season in the United States has increased by 46 days since the 1960s. Their frequency has also increased steadily, rising from an average of two heat waves per year in the 1960s to about six per year in the 2010s and 2020s.

Energy Grid Strain
Heat waves occurring earlier in the year and more intensely place increasing pressure on the state’s electricity system. When temperatures spike early in the summer, households and businesses simultaneously increase air-conditioning use, pushing electricity demand close to record levels.

In recent summers, record-breaking electricity demand has repeatedly tested grid capacity. Energy experts warn that if heat extremes continue to intensify, maintaining grid reliability will require expanded generation capacity, improved energy efficiency, and greater integration of renewable energy and battery storage. Fortunately, Texas has already made strides in these areas of concern.

Texas continues to lead the nation in clean energy adoption and grid modernization, particularly in wind and solar power. With more than 40,000 megawatts (MW) of wind capacity, the state ranks first in the country in wind-powered electricity generation, supplying up to 35% when blowing and as low as 0%. Much of this growth was driven by the state’s Renewable Portfolio Standard (RPS), which requires utility companies to develop renewable energy in proportion to their market share. The policy originally set a goal of generating 10,000 MW of renewable capacity by 2025, but Texas surpassed this target years ahead of schedule due to rapid investment and expansion.

Solar energy is also growing quickly. Texas has officially overtaken California as the country’s. leader in utility-scale solar, according to recently released data from the U.S. Energy Information Administration. With over 37 GW of capacity, Texas now leads in new solar installations, supported by large-scale solar farm development and favorable policies that continue to diversify the state’s energy mix.

To build a more resilient and cost-effective power system, Texas is working to integrate wind and solar generation while strengthening grid reliability. Efforts include regulatory reforms, mandates for improved power infrastructure, and the deployment of renewable energy storage solutions. A recent report from the Solar Energy Industries Association indicates that Texas is on track to surpass California this year as the nation’s leader in energy storage capacity, driven largely by the rapid growth of battery storage facilities across the state. Alongside renewable expansion, the state also added 3,410 MW of natural gas–fueled power in 2024 to support growing electricity demand.

Economic Consequences
Extreme heat also has measurable economic impacts. For every 1-degree increase in the average summer temperature, Texas’ annual nominal GDP growth rate slows by about 0.4 percentage points. Because Texas already experiences hotter summers than most of the country, rising temperatures affect the state’s economic growth about twice as much as they do in the rest of the United States. Additional warming compounds the strain on productivity, infrastructure, and energy costs.

Some industries are more sensitive to heat than others. Construction, agriculture, manufacturing, and outdoor services often experience productivity losses during prolonged heat waves.

The effects were already visible during the record-breaking summer of 2023, when cities such as Houston, Dallas, and El Paso experienced prolonged stretches of triple-digit temperatures. Surveys conducted by the Federal Reserve Bank of Dallas found that roughly one-quarter of businesses responding to the Texas Business Outlook Surveys reported reduced revenue or production because of the heat.

The hardest-hit sector was leisure and hospitality, where outdoor activities and tourism often decline during extreme temperatures. However, businesses across manufacturing, retail, and services also reported disruptions.

Environmental and Infrastructure Stress
In addition to heat, there are growing risks related to drought, wildfire conditions, and urban flooding.

Extended heat waves tend to worsen drought conditions by increasing evaporation and reducing soil moisture. Lower water levels in lakes and reservoirs can lead to water restrictions for cities and agricultural producers, especially in regions that rely heavily on surface water supplies.

Dry conditions also increase the likelihood of wildfires, particularly across West Texas and the Hill Country. Strong winds, dry vegetation, and extreme heat can quickly turn small fires into fast-moving blazes that threaten homes, infrastructure, and ecosystems.

At the same time, Texas is experiencing an increase in severe rainfall events, which can overwhelm drainage systems in rapidly growing urban areas. Cities with large amounts of pavement and development are especially vulnerable to flash flooding when heavy rain falls in short bursts.

Along the Gulf Coast, rising sea levels are adding another layer of risk. Communities near Galveston Bay and other low-lying coastal areas face increasing threats from storm surge and high-tide flooding.

Preparing for a Hotter Future
Climate experts emphasize that over the next decade, Texans are likely to face more frequent heat waves, higher energy demand, and greater environmental stress.

Adapting to these changes will require a range of responses, including strengthening infrastructure, expanding water management strategies, improving urban planning, and enhancing emergency preparedness for extreme heat and flooding.

While the challenges are significant, understanding these trends now gives policymakers, businesses, and communities time to prepare. As the state’s population and economy continue to grow, resilience to extreme weather is an increasingly important priority for Texas in the years ahead.

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Sam Luna is director at BKV Energy, where he oversees brand and go-to-market strategy, customer experience, marketing execution, and more.

Woodside Energy names new CEO with sustainability focus

new leader

Woodside Energy has officially named Elizabeth Westcott as its new managing director and CEO.

Westcott has served as the company's acting CEO since Meg O'Neill stepped down in December 2025. Woodside is headquartered in Australia with its global operations based in Houston.

Before joining Woodside as executive vice president of Australian Operations in 2023, Westcott served as COO at EnergyAustralia. She has also held leadership roles at ExxonMobil and Adriatic LNG.

At Woodside, she has overseen the $12.5 Scarborough Energy Project, which the company says is expected to be one of the lowest-carbon-intensity sources of LNG, as well as other major projects and initiatives.

“My focus as CEO is on sustainable value creation for Woodside shareholders, operational excellence and disciplined execution of our growth projects," Westcott said in a news release. “I look forward to working closely with the Board and Woodside’s strong leadership team to continue building a leading global energy company that delivers long-term value for shareholders, underpinned by a consistent focus on sustainability and high performance.”

Woodside Chair Richard Goyder added that Westcott was the top choice for the role.

“Liz’s proven track record of outstanding strategic leadership and disciplined delivery distinguished her as the Board’s top candidate for this role," Goyder said. “Liz’s extensive industry experience and strategic vision will be invaluable in leading Woodside at this significant moment in its history.”

Earlier this month, Westcott spoke on how sustainability is a priority for Woodside.

"Put simply, sustainable business is good business ... Because strong sustainability performance is not only the right thing to do. It also drives long-term value by helping to de-risk our business, secure future opportunities and support a compelling value proposition for investors," she said in her 2026 sustainability briefing.

Westcott called attention to the company's Beaumont New Ammonia project. The company acquired the Texas-based clean ammonia project in 204 for $2.35 billion. Production of lower‑carbon ammonia was initially expected sometime this year, but Westcott shared that delivery has been pushed back due to construction delays.

Read Westcott's full suitability briefing here.

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