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 researchers develop heating method to recover critical minerals from e-waste

hot new research

Researchers at Rice University have developed a new technique to efficiently recycle electronic waste and harvest critical minerals using rapid heating.

Most electronic devices use flame-retardant plastic. The plastic is formulated from a critical metal called antimony.

However, recapturing antimony is typically a challenging task since it first has to be released from the plastic. As it is released, other compounds can form, such as organic bromides, which are toxic and difficult to capture. However, the organic bromides can also be reused and have applications in industrial chemicals when safely captured.

“Conventionally heating the plastic releases the antimony in a volatile and difficult-to-collect form as well as creating and releasing hazardous organic bromide compounds,” Leo Haoxin Ye, first author of the paper and a graduate student at Rice, said in a news release. “Other options are risky or more impractical, such as using strong acids, organic solvents or multistep treatment options.”

To address this issue, leading Rice chemistry professor James Tour, Ye and their team adapted Tour’s flash Joule heating technique, which heats materials to hundreds of degrees Celsius in milliseconds, according to Rice.

The team ground up flame-retardant plastic waste and placed it between two sheets of electrically heated carbon paper before using what’s known as isothermal-clamped flash Joule heating to release and collect the antimony.

The team found that limiting the time the plastic spent in the high temperature range dramatically reduced the production of the hazardous organic bromide compounds. The plastic remained between 200 degrees and 500 degrees Celsius for only 9.4 milliseconds, according to Rice.

Through the process, the team recovered 90 percent of antimony from tested materials and converted 83 percent of the bromide into hydrogen bromide. Their findings were published this month in the journal Nature Chemical Engineering.

“Isothermal-clamped flash Joule heating could improve the speed, safety and practicality of antimony recovery from discarded flame-retardant plastics,” Tour added in the release. “This represents an important step forward to conserving and reusing our critical antimony supply while also regenerating bromide salts for reuse.”

The study noted that the world is currently trending toward producing 82 million metric tons of flame-retardant plastic waste by 2030, which adds to the fact that e-waste is the fastest-growing solid waste stream in the world.

The research was funded by the Air Force Office of Scientific Research and the U.S. Army Corps of Engineers.

Tesla unveils new Roadster sports car, which can thrust itself in the air

Tesla Talk

Tesla has unveiled its new Roadster sports car, which can thrust itself in the air, among other engineering bells and whistles. But drivers shouldn't expect to take it for a spin anytime soon.

Elon Musk's electric car company rolled out its second-generation Roadster at a Thursday event, showing off a set of cold gas thrusters and a “multi-mode” suction system that can fling the car in the air for short spurts and spin the vehicle mid-flight.

“Turns out the future does have flying cars,” Musk, Tesla's CEO, wrote on his social media platform X shortly after.

That future could be a ways off, however, given the regulatory hurdles for flying vehicles and the tangle of state rules that still need to be met.

“I’m not sure every state is going to allow a driver in the middle of traffic to suddenly elevate himself and fly," said David Vladeck, a Georgetown Law professor and former director of the FTC’s Bureau of Consumer Protection. “There is going to be a long process to let anything like that on a road.”

Thursday's event was hosted at the Texas rocket testing and development center for SpaceX — Musk's publicly-traded rocket company — and Tesla's executives noted that they “borrowed” some SpaceX technology to get the new Roadster in the air. Beyond quick jumps and flips, Tesla also said the car can accelerate from zero to 60 miles (96.6 km) an hour in less than a second.

This launch arrived after years of delays and anticipation around the new Roadster — and Tesla shares climbed in morning trading on Friday before falling amid a sell-off in companies tied to artificial intelligence.

The wait isn't completely over. Musk said production for consumers won't begin until 2028. Tesla also didn't immediately set a price tag on its latest EV.

Tesla was taking reservations for Roadster “rocket” car purchases on its website Friday morning, though the fine print said there was no guarantee when the vehicle would be delivered — or whether it would be delivered at all.

Bryant Walker Smith, former vice chair of a Department of Transportation advisory group on innovation, was unimpressed — though he did note Musk's ability to keep Tesla's stock high.

“This was a demonstration of a one-off car using a technology around for many years and will not be coming to public roads in 2028," said Smith, a law professor at the University of South Carolina. “Tesla pretty uniquely has been able to sell itself on a future that is an order of magnitude greater than reality.”

Musk has repeatedly said that the future of driving will be autonomous — and Austin-based Tesla has focused much of its business on building out self-driving features for its vehicles and, more recently, launching its own (still limited) robotaxi business.

But the company maintains that the Roadster will be made to have humans behind the wheel, calling the EV the “best of the last human-driven cars.”

Thursday's demo was technically autonomous “to make sure we don’t kill anyone,” Musk noted. But long-term, he said, the new Roadster will be “the only manually driven car that Tesla makes.”

“This is not necessarily a safety-optimized car,” Musk later added, met by laughter from the audience. But “it takes the fun meter to 11 out of 10.”

Tesla's first Roadster was launched back in 2008. And in 2018, Musk went as far as placing one on a rocket — with a mannequin dubbed “Starman” in the driver's seat — and launching it into space.

Again, the second-generation Roadster isn't immediately hitting the market. And whether the ambitious new vehicle boosts the company's bottom line remains to be seen.

In second-quarter earnings reported over the summer, Tesla's profits fell as the company spent more on research and development for its robotaxi and robotics businesses — which cut into money made from an otherwise sharp increase in vehicle sales. Net income totaled $1.11 billion for the period, while revenue climbed to $28.24 billion.

TEX-E names New Climate Ventures as latest expert in residence

energy mentors

Texas Exchange for Energy & Climate Entrepreneurship (TEX-E) has named its latest expert in residence.

The Houston-based energy transition nonprofit recently announced that New Climate Ventures will join the newly established program. The Expert-in-Residence partnership aims to connect TEX-E Fellows with "the people and organizations shaping the future of energy and entrepreneurship," the nonprofit previously announced.

Taylor Chapman, an investment principal at New Climate Ventures, sits on TEX-E's board of directors. New Climate Ventures invests in early-stage startups building next-gen technologies in the energy, materials and fuels sectors. The venture capital firm's portfolio includes Houston-based clean energy startups like Solidec, Syzygy Plasmonics and Rheom Materials.

“If you know me, you know that I'm passionate about ensuring that my beloved hometown, Houston, is the energy capital of the future — not just of the past," Chapman said in a LinkedIn post. "TEX-E is building a key piece to ensure that's the case: a strong pipeline of graduate and college students immersed [and] versed in the world of energy [and] climate entrepreneurship."

TEX-E says the partnership with New Climate Ventures will allow its fellows opportunities to learn from investors that work with emerging companies and understand how they evaluate new technologies.

TEX-E announced Houston-based geothermal unicorn Fervo Energy and venture capital firm Mercury Fund as its first experts in residence in August. At the time, it said the partnerships would allow its fellows to network and work with Tim Latimer, CEO of Fervo; Sarah Jewett, COO of Fervo; and Blair Garrou, managing partner of Mercury Fund.

The nonprofit was founded in 2022 through partnerships with MIT Martin Trust Center for Entrepreneurship and Greentown Labs. It works with university students from six schools: Rice University, University of Houston, Prairie View A&M University, The University of Texas at Austin, Texas A&M University and MIT.

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