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 data center capacity could more than double by 2028, CBRE report says

data analysis

The Houston market could more than double its data center capacity by the end of 2028, a new report indicates.

The report, published by commercial real estate services provider CBRE, says greater demand for data center capacity in the Houston area is being fueled by energy companies, along with large-scale cloud services and AI-driven tenants.

In the second half of 2025, the Houston market had 154 megawatts of data center capacity, which was on par with capacity in the second half of 2024. Another 28.5 megawatts of capacity was under construction during that period.

“Multiple providers are advancing new builds and redevelopments, including significant power upgrades to recently purchased buildings, underscoring long-term confidence even as the market works through elevated vacancy and uneven absorption,” CBRE says of Houston’s data center presence.

One project alone promises to significantly boost the Houston market’s data center capacity. Data center developer Serverfarm plans to use part of a $3 billion credit facility to build a 250-acre, AI-ready data center campus near Houston with a potential capacity of more than 500 megawatts. The Houston campus and two other Serverfarm projects are already leased to unidentified tenants, according to CoStar.

A 60-megawatt, AI-ready Serverfarm data center is under construction in Houston. The $137 million, 438,000-square-foot project, located near the former headquarters of computer manufacturer Compaq, is supposed to be completed in the third quarter of 2027.

Data Center Map identifies 59 data centers in the Houston area managed by 36 operators, including DataBank, Data Foundry, Digital Realty, IBM, Logix Fiber Networks, Lumen and TRG Datacenters. That compares with more than 180 data centers in Dallas-Fort Worth, more than 50 in the San Antonio area and 40 in the Austin area.

Texas is home to more than 400 data centers, according to Data Center Map.

In November, Google said it’s investing $40 billion to build AI data centers in West Texas and the Texas Panhandle.

“This is a Texas-sized investment in the future of our great state,” Gov. Greg Abbott said when Google’s commitment was announced. “Texas is the epicenter of AI development, where companies can pair innovation with expanding energy. Google's $40 billion investment makes Texas Google's largest investment in any state in the country and supports energy efficiency and workforce development in our state.”

Houston energy transition ecosystem rebrands as 'Energytech Cypher'

new look

Houston-based Energytech Nexus has rebranded.

The cleantech founders community will now be known as Energytech Cypher. Organizers say the new name was inspired by the Arabic roots of the word cypher, ṣifr, which is also the root of the word zero.

"A cypher is a key that unlocks what's hidden," Nada Ahmed, co-founder and chief revenue officer of Energytech Cypher, said in a news release. "And zero? Zero is where every transformation begins, the leap from 0 to 1, from idea to reality, from potential to power. We decode the energy transition by connecting the right founders, the right capital, and the right corporate partners at the right time, because the most important journey in energy is the one that takes you from nothing to something."

Energytech Nexus has rebranded to Energytech Cypher.

Co-founder and CEO Jason Ethier says that the name change better reflects the organization's mission.

"The energy transition doesn't have a technology problem. It has a connection problem," Ehtier added in the release. "The right founders exist. The right investors exist. The right partners exist. What's been missing is the infrastructure to bring them together—to decode the complexity, remove the friction, and make sure the best technologies find the markets that need them. That's what this community has always done. Energytech Cypher is the name that finally says it."

Energytech Cypher, previously known as Energytech Nexus, was first launched in 2023 and has grown from a podcast to a 130-member ecosystem. It has supported startups including Capwell Services, Resollant, Syzygy Plasmonics, Hertha Metals, Solidec and many others.

It is known for its flagship programs like the Pilotathon, which connects founders with industry partners for pilot opportunities. The event debuted in 2024.

Energytech Cypher also launched its COPILOT Accelerator last year. The accelerator partners with Browning the Green Space, a nonprofit that promotes diversity, equity and inclusion (DEI) in the clean energy and climatech sectors. The inaugural cohort included two Houston-based startups and 12 others from around the U.S.

It also hosts programs like Liftoff, Energy Tech Market, lunch and learns, CEO roundtables, investor workshops and international partnership initiatives.

Last year, Energytech Cypher also announced a new strategic ecosystem partnership with Greentown Labs, aimed at accelerating growth for clean energy startups. It also named its global founding partners, including Houston-based operations such as Chevron Technology Ventures, Collide, Oxy Technology Ventures, and others from around the world.

CERAWeek 2026 to bring energy leaders to Houston to discuss tech and geopolitics

where to be

CERAWeek returns this month, March 23-27, and will once again bring leading energy executives and government officials to Houston.

The 44th annual event will again host U.S. Secretary of Energy Chris Wright and U.S. Secretary of the Interior Doug Burgum.

Wright will participate in a plenary session focused on energy policy with Daniel Yergin, conference chair and vice chairman of S&P Global, on March 23. The following day, he will be featured in the Celebrating 10 Years of U.S. LNG reception with Jack Fusso, president and CEO, of Cheniere Energy. Both events are part of the Executive Conference track.

Burgum will participate in a leadership dialogue plenary session with Yergin on March 25. It is also part of the Executive Conference track. Burgum is also chairman of the National Energy Dominance Council, established by President Trump in 2025.

Top energy executives, many of whom are based in Houston, will also be featured prominently at the week-long event. Other speakers include:

  • Bill Blevins, director of grid coordination for the Electric Reliability Council of Texas (ERCOT)
  • Trevor Best, CEO of Syzygy Plasmonics
  • Marie Contour Carrere, executive director of the Rice Sustainability Institute
  • Ryan DuChanois, co-founder and CEO of Solidec
  • Reginald DesRoches, president of Rice University
  • Georgina Campbell Flatter, CEO of Greentown Labs
  • Jim Fitterling, chair and CEO of Dow Inc.
  • Vicki Hollub, CEO of Occidental Petroleum Corp.
  • Renu Katon, chancellor and president of the University of Houston
  • Ryan Lance, chairman and CEO of ConocoPhillips
  • Olivier Le Peuch, CEO of SLB
  • Patrick Pouyanné, chairman and CEO of TotalEnergies SE
  • Adrian Tromel, chief innovation officer and interim VP for Innovation at Rice University
  • Bobby Tudor, founder and CEO of Artemis Energy Partners and chairman of HETI
  • Wael Sawan, CEO of Shell plc
  • Lorenzo Simonelli, chairman and CEO of Baker Hughes Co.
  • Mike Wirth, chairman and CEO of Chevron Corp.
  • Jeremy Pitts, managing director of Activate Houston
  • And many others

This year, CERAWeek will center around the theme of Convergence and Competition: Energy, Technology and Geopolitics.

"Change is inescapable," Yergin said in a news release. "The global energy landscape—and to a large extent the entire global economy—is being fundamentally reshaped by the dual forces of convergence and competition. The race for AI is fusing the energy and technology industries like never before, bringing into sharp relief the need to align energy expansion with sustainable economic growth."

"Yet, the potential for collaboration and innovation is increasingly matched by the risk for collision and conflict in a world marked by geopolitical rivalry, tariffs and fragmented supply chains," he continued. "Reconciling an increasingly complex world with the growing demand for energy that is stable, secure and affordable is a complex reality that CERAWeek 2026 will tackle when global energy leaders meet in Houston."

Key topics of discussion will include:

  • Politics, Economics, Trade and Supply Chains
  • Policy, Regulations and Stakeholders
  • Oil Value Chain
  • Power, Renewables, Generation and Grid
  • AI and Digital
  • Minerals and Mining
  • Electrification Technologies
  • Investment and Financing
  • Chemicals and Materials
  • Business Strategies
  • The Innovation Ecosystem
  • Managing Emissions
  • Low-Carbon Fuels and Mobility
  • Climate and Sustainability
  • Workforce Strategy

The CERAWeek Innovation Agora track, which is the program's deeper dive into technology and innovation, will feature thought leadership on "AI, decarbonization, low carbon fuels, cybersecurity, hydrogen, nuclear, mining and minerals, mobility, automation and more," according to the release.

Agora Hubs will return this year and be divided into three zones: new energies, carbon and climate, and AI. The hubs will feature amphitheater-style sessions and panels. Agora Pods will allow energy startups to showcase their ideas in 20- to 30-minute presentations.

Additionally, CERAWeek will introduce a new program this year on Friday, March 27. Known as Look Forward, it will focus on economics, politics and technology.

See the full agenda for the week here. Find more information and register for the event here.