ADVERTISEABOUT USSUBMIT A STORYSUBSCRIBETERMS OF USEPRIVACY POLICY
Visit our family of Brands

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.”

Ad Placement 300x100
Ad Placement 300x600

CultureMap Emails are Awesome

Property Showcase

Policy adviser tapped to lead ‘nuclear renaissance’ in Texas

going nuclear

As Texas places a $350 million bet on nuclear energy, a budget and policy adviser for Gov. Greg Abbott has been tapped to head the newly created Texas Advanced Nuclear Energy Office.

Jarred Shaffer is now director of the nuclear energy office, which administers the $350 million Texas Advanced Nuclear Development Fund. The fund will distribute grants earmarked for the development of more nuclear reactors in Texas.

Abbott said Shaffer’s expertise in energy will help Texas streamline nuclear regulations and guide “direct investments to spur a flourishing and competitive nuclear power industry in the Lone Star State. Texas will lead the nuclear renaissance.”

The Texas Nuclear Alliance says growth of nuclear power in the U.S. has stalled while China and Russia have made significant gains in the nuclear sector.

“As Texas considers its energy future, the time has come to invest in nuclear power — an energy source capable of ensuring grid reliability, economic opportunity, and energy and national security,” Reed Clay, president of the alliance, said.

“Texas is entering a pivotal moment and has a unique opportunity to lead. The rise of artificial intelligence and a rebounding manufacturing base will place unprecedented demands on our electricity infrastructure,” Clay added. “Meeting this moment will require consistent, dependable power, and with our business-friendly climate, streamlined regulatory processes, and energy-savvy workforce, we are well-positioned to become the hub for next-generation nuclear development.”

Abbott’s push for increased reliance on nuclear power in Texas comes as public support for the energy source grows. A 2024 survey commissioned by the Texas Public Policy Institute found 55 percent of Texans support nuclear energy. Nationwide support for nuclear power is even higher. A 2024 survey conducted by Bisconti Research showed a record-high 77 percent of Americans support nuclear energy.

Nuclear power accounted for 7.5 percent of Texas’ electricity as of 2024, according to the Nuclear Energy Institute, but made up a little over 20 percent of the state’s clean energy. Currently, four traditional reactors produce nuclear power at two plants in Texas. The total capacity of the four nuclear reactors is nearly 5,000 megawatts.

Because large nuclear plants take years to license and build, small factory-made modular reactors will meet much of the shorter-term demand for nuclear energy. A small modular reactor has a power capacity of up to 300 megawatts. That’s about one-third of the generating power of a traditional nuclear reactor, according to the International Atomic Energy Agency.

A report from BofA Global Research predicts the global market for small nuclear reactors could reach $1 trillion by 2050. These reactors are cheaper and safer than their larger counterparts, and take less time to build and produce fewer CO2 emissions, according to the report.

Global nuclear capacity must triple in size by 2050 to keep up with energy demand tied to the rise of power-gobbling AI data centers, and to accomplish decarbonization and energy security goals, the BofA report says. Data centers could account for nine percent of U.S. electricity demand by 2035, up from about four percent today, according to BloombergNEF.

As the Energy Capital of the World, Houston stands to play a pivotal role in the evolution of small and large nuclear reactors in Texas and around the world. Here are just three of the nuclear power advancements that are happening in and around Houston:

Houston is poised to grab a big chunk of the more than 100,000 jobs and more than $50 billion in economic benefits that Jimmy Glotfelty, a former member of the Texas Public Utility Commission, predicts Texas will gain from the state’s nuclear boom. He said nuclear energy legislation signed into law this year by Abbott will provide “a leg up on every other state” in the race to capitalize on the burgeoning nuclear economy.

“Everybody in the nuclear space would like to build plants here in Texas,” Inside Climate News quoted Glotfelty as saying. “We are the low-regulatory, low-cost state. We have the supply chain. We have the labor.”

6 must-attend Houston energy transition events in October 2025

Must-Attend Meetings

Editor's note: October is here, and there are many energy events to plug into in Houston this month. From summits and forums to global conferences, there are the energy events to put on your calendar. Learn more below, and register now.

Oct. 7-8: Annual Energy Summit — Resilience in Energy Supply Chains

The ninth annual energy summit is co-hosted by Baker Botts and the Center for Energy Studies at Rice University's Baker Institute. This year's theme, “Resilience in Energy Supply Chains,” will focus on what is shaping the future of energy, and how markets, innovation, and economic growth will define the evolution of global energy supply chains.

This two-day event begins Oct. 7 at Rice University's Baker Institute for Public Policy. The event will also be livestreamed. Get tickets here.

Oct. 14: Current Trends in the Energy Industry

Join SABA and Vinson & Elkins LLP for an evening filled with insightful discussions and networking opportunities for seasoned professionals and those new to the energy industry. Learn from experts about the latest developments in the energy industry, sustainability efforts, and new policies shaping the future.

This event takes place at 6 pm at Vinson & Elkins LLP headquarters. Get tickets here.

Oct. 14-16: SAF North America

The leading event for the sustainable aviation fuel ecosystem is taking place in Houston, America’s fuel and energy hub. SAF North America brings together the SAF value chain under one roof for three days of high-level discussion. Attendees of the conference will hear from leading experts, who will provide insights on the aviation industry and discuss SAF scale-up, energy security, and pathways to decarbonize aviation in North America. There will also be dynamic exhibitions and networking opportunities.

This event begins Oct. 14 at the Marriott Marquis. Register here.

Oct. 16: Future of Global Energy Conference

The Future of Global Energy Conference, presented by Shell USA, Inc., brings together leaders from across industry, academia, and government to explore the forces shaping the future of energy. Houston is leading the way in the energy sector, leveraging its deep industry expertise, unmatched energy ecosystem, and spirit of innovation. The 2025 conference will spotlight Houston’s ongoing leadership in policy, technology development, and project execution that position the region for long-term success.

This event begins at 8:30 am at Hilton Americas. Register here.

Oct. 21-23: Energy Independence Summit

At Infocast’s inaugural Energy Independence Summit, top leaders across energy, finance, and policy will convene to evaluate where the energy market is headed next. Attendees will gain critical insights into how capital is being deployed, which technologies are emerging as the most viable under OBBBA, how domestic supply chains are affecting costs and timelines, and what regulatory levers may help stabilize the sector. The summit will feature 100 speakers, 24 sessions, networking opportunities, and more.

This event takes place Oct. 21 at the C. Baldwin, Curio Collection by Hilton. Register here.

Oct. 29: 2025 Global Energy Summit

Hosted by the World Affairs Council of Greater Houston, the Global Energy Summit examines the dynamic forces shaping today’s energy landscape. Attendees will engage with a diverse set of industry experts and global thought leaders on the future of energy security, access, and technological advancement. Opening remarks will be made by Cristina Saenz de Santa Maria, COO Maritime of DNV, followed by panel discussions featuring speakers from DNV, Accenture, Amazon Web Services, Center for Houston’s Future, Siemens, SLB, and NRG.

This event begins at 5 pm on Oct. 29 at the Omni Houston. Get tickets here.

Fervo Energy spotlighted by Bill Gates as geothermal’s global growth driver

geothermal predictions

In a new blog post spotlighting Houston-based geothermal power startup Fervo Energy, billionaire Bill Gates — a Fervo investor — predicts geothermal will eventually supply up to 20 percent of the world’s electricity, up from his previous estimate of as much as 5 percent.

Today, geothermal accounts for less than 1 percent of electricity generated around the world, according to the International Energy Agency. The agency forecasts geothermal will represent up to 15 percent of global power by 2050.

“Geothermal power will have a big role to play in our clean energy future, and it’s exciting to see companies like Fervo push the technology to new depths,” Gates wrote.

Gates’ more than $1 billion Breakthrough Energy Ventures fund has contributed to the $982 million pool of money that Fervo has raised since its founding in 2017. Fervo is now a unicorn, meaning its valuation as a private company exceeds $1 billion. Its valuation has been estimated at $1.4 billion.

The Microsoft billionaire published the blog post on his Gates Notes website after touring the site of Fervo’s Cape Station geothermal project, which is under construction in Utah. Fervo says Cape Station will be the world’s largest geothermal plant, capable of someday producing up to 2 gigawatts of power.

Earlier this year, Fervo raised $206 million to put toward the development of Cape Station. Of that amount, $100 million came from Breakthrough Energy Catalyst, a green tech investment program backed by Gates, according to Inc.com.

The first phase of Cape Station is scheduled to be completed in 2026, with first-year power generation pegged at 100 megawatts. An additional 500 megawatts of power-producing capacity is slated to go online in 2028.

“Geothermal is one of the most promising ways to deliver clean energy that’s reliable and affordable,” Gates wrote.

In the blog post, Gates praised the simplicity of geothermal energy.

“The interior of the Earth is incredibly hot, and the deeper you go, the hotter the ground becomes,” he explained. “If you pump fluid deep enough to be warmed by this heat and then pump it back to the surface, you can turn the hot liquid into steam and use it to spin turbines and generate electricity — just like many other types of power plants.”

Gates noted that horizontal drilling is one of Fervo’s biggest innovations. The company extends its wells horizontally by as much as 5,000 feet at the deepest point. It couples horizontal drilling with hydraulic fracturing, or fracking, to extract geothermal energy from rock formations.

Most wells at Cape Station are 8,000 to 9,000 feet deep, and the deepest one is 15,000 feet below the surface, Gates pointed out.

Gates also emphasized the water-conserving, closed-system setup at Cape Station.

“Geothermal energy is one of the more climate-friendly sources of power, but one of its downsides is how much water it uses. … Fervo’s technology captures all the water that would’ve been lost and recirculates it underground to keep the system running,” he wrote.

View All Listings