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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 companies partner to advance industrial carbon capture tech

green team

Carbon Clean and Samsung E&A, both of which maintain their U.S. headquarters in Houston, have formed a partnership to accelerate the global use of industrial carbon capture systems.

Carbon Clean provides industrial carbon capture technology. Samsung E&A offers engineering, construction and procurement services. The companies say their partnership will speed up industrial decarbonization and make carbon capture more accessible for sectors that face challenges in decarbonizing their operations.

Carbon Clean says its fully modular columnless carbon capture unit, known as CycloneCC, is up to 50 percent smaller than traditional units and each "train" can capture up to 100,000 tonnes of CO2 per year.

“Our partnership with Samsung E&A marks a major milestone in scaling industrial carbon capture,” Aniruddha Sharma, chair and CEO of Carbon Clean, said in a news release.

Hong Namkoong, CEO of Samsung E&A, added that the partnership with Carbon Clean will accelerate the global rollout of carbon capture systems that “are efficient, reliable, and ready for the energy transition.”

Carbon Clean and Samsung E&A had previously worked together on carbon capture projects for Aramco, an oil and gas giant, and Modec, a supplier of floating production systems for offshore oil and gas facilities. Aramco’s Americas headquarters is also in Houston, as is Modec’s U.S. headquarters.

Major Houston energy companies join new Carbon Measures coalition

green team

Six companies with a large presence in the Houston area have joined a new coalition of companies pursuing a better way to track the carbon emissions of products they manufacture, purchase and finance.

Houston-area members of the Carbon Measures coalition are:

  • Spring-based ExxonMobil
  • Air Liquide, whose U.S. headquarters is in Houston
  • Mitsubishi Heavy Industries, whose U.S. headquarters is in Houston
  • Honeywell, whose Performance Materials and Technologies business is based in Houston.
  • BASF, whose global oilfield solutions business is based in Houston
  • Linde, whose Linde Engineering Americas business is based in Houston

Carbon Measures will create an accounting framework that eliminates double-counting of carbon pollution and attributes emissions to their sources, said Amy Brachio, the group’s CEO. The model is expected to take two years to develop, and between five and seven years to scale up, Bloomberg reported.

The coalition wants to create a system that will “unleash markets and competition,” unlock investments and speed up the pace of emissions reduction, said Brachio, former vice chair of sustainability at professional services firm EY.

“If you can’t measure it, you can’t manage it,” said Darren Woods, chairman and CEO of ExxonMobil. “The first step to reducing global emissions is to know where they’re coming from — and today, we don’t have an accurate system to do this.”

Other members of the coalition include BlackRock-owned Global Infrastructure Partners, Banco Satanader, EY and NextEra Energy.

“Transparent and consistent emissions accounting is not just a technical necessity — it’s a strategic imperative. It enables smarter decisions and accelerates real progress across industries and borders,” said Ken West, president and CEO of Honeywell Energy and Sustainability Solutions.

Wind and solar supplied over a third of ERCOT power, report shows

power report

Since 2023, wind and solar power have been the fastest-growing sources of electricity for the Electric Reliability Council of Texas (ERCOT) and increasingly are meeting stepped-up demand, according to a new report from the U.S. Energy Information Administration (EIA).

The report says utility-scale solar generated 50 percent more electricity for ERCOT in the first nine months this year compared with the same period in 2024. Meanwhile, electricity generated by wind power rose 4 percent in the first nine months of this year versus the same period in 2024.

Together, wind and solar supplied 36 percent of ERCOT’s electricity in the first nine months of 2025.

Heavier reliance on wind and solar power comes amid greater demand for ERCOT electricity. In the first nine months of 2025, ERCOT recorded the fastest growth in electricity demand (5 percent) among U.S. power grids compared with the same period last year, according to the report.

“ERCOT’s electricity demand is forecast to grow faster than that of any other grid operator in the United States through at least 2026,” the report says.

EIA forecasts demand for ERCOT electricity will climb 14 percent in the first nine months of 2026 compared with the same period this year. This anticipated jump coincides with a number of large data centers and cryptocurrency mining facilities coming online next year.

The ERCOT grid covers about 90 percent of Texas’ electrical load.

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