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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UH lands $1.5M for endowed professorship and energy workforce initiative

funding the future

The University of Houston announced two major funding awards last month focused on energy transition initiatives and leadership.

Longtime UH supporters Peggy and Chris Seaver made a $1 million gift to the university to establish the Peggy and Chris Seaver Endowed Aspire Professorship, a faculty position “designed to strengthen UH Energy and expand the university’s leadership in addressing the most pressing global energy challenges,” according to a news release.

The new role is the third professorship appointed to UH Energy. The professorship can qualify for a dollar-for-dollar match through the Aspire Fund Challenge, a $50 million matching initiative launched by an anonymous donor.

“This gift will be key to cementing UH’s role as The Energy University,” Ramanan Krishnamoorti, vice president for energy and innovation at UH, said in the release. “By recruiting a highly respected faculty member with international experience, we are further elevating UH Energy’s global profile while deepening our impact here in the energy capital of the world.”

Also in January, the university shared that it would be joining the Urban Enrichment Institute (UEI) and the City of Houston to help train the next generation of energy workers, thanks to a $560,000 grant.

The Gulf Research Program of the National Academies of Sciences, Engineering and Medicine awarded the funding to the UEI, a nonprofit that supports at-risk youth. It will allow the UEI to work with UH’s Energy Transition Institute and the Houston Health Department to launch “Spark Energy Futures: Equipping Youth and Communities for the Energy Transition.”

The new initiative is designed for Houstonians ages 16-25 and will provide hands-on experience, four months of STEM-based training, and industry-aligned certifications without a four-year degree. Participants can also earn credentials and job placement support.

“Our energy systems are going through unprecedented changes to address the growing energy demands in the United States, Gulf Coast and Texas,” Debalina Sengupta, assistant vice president and Chief Operating Officer of ETI at UH, said in a news release.“To meet growing demands, the energy supply, transmission, distribution and markets associated with an ever-increasing energy mix needs a workforce skilled in multidimensional aspects of energy, as well as the flexibility to switch as needed to provide affordable, reliable and sustainable energy to our population.”

Keith Cornelius, executive director of UEI, added that he expects about 50 students to participate in the program’s inaugural year and that the program is looking to attract those interested in entering the energy workforce without a college degree.

“We’re looking to have tremendous success with the Energy Transition Institute,” Cornelius said. “This program is a testament to what can be done between a community-based organization, a major university and the city.”

The award was part of a $2.7 million grant that will fund four projects in the Gulf region, including two others in Texas. The Gulf Research Program Awards also granted $748,175 to launch the “Building the South Texas Energy Workforce” initiative in in Kingsville, Texas and $728,000 for “Texas Green Careers Academy: Activating a New Generation of Energy Professionals” in Austin.

Solar power and storage help save Texans millions on electric bills, CEO tells Senate

price stability

Solar power and battery storage are saving Texans hundreds of millions of dollars on their electric bills, the president and CEO of the Solar Energy Industries Association recently told a congressional committee.

Abigail Ross Hopper, the association’s president and CEO, said in testimony given to the U.S. Senate Environment and Public Works Committee that states like Texas that are adding significant capacity for solar power and battery storage are enjoying lower, more stable prices for electricity.

“Unsubsidized solar is now the cheapest source of electricity in history in much of the country,” Hopper said. “With no fuel costs, solar provides a hedge against natural gas price volatility that continues to cause electricity price spikes.”

“The only way to put downward pressure on prices is by bringing more power online, not less,” she added.

To illustrate the value of solar power and battery storage, Hopper compared two hot summer days in Texas—one in July 2022 and the other in July 2025.

Hopper explained that the Electric Reliability Council of Texas (ERCOT) had begun installing solar on its grid in 2022 but had very little battery storage. ERCOT manages 90 percent of the state’s electrical load.

When ERCOT grid conditions buckled under high demand on the highlighted day in 2022, the price of electricity spiked to nearly $1,500 per megawatt-hour, Hopper said.

“Three years later, the amount of solar had increased substantially and was complemented by energy storage,” she said.

On the specified day in 2025, under even greater demand than three years earlier, sizable amounts of solar power, battery storage and wind power kept ERCOT’s midday price of electricity low and stable—around $50 per megawatt-hour. That dollar amount represented a nearly 100 percent decrease compared with the highlighted day in 2022.

Solar and wind supplied nearly 40 percent of Texas’ power during the first nine months of 2025, according to the U.S. Energy Information Administration (EIA).

Despite the state’s expansion of solar power and battery storage capacity, residential electricity prices in ERCOT’s territory rose 30 percent from 2020 to 2025 and are expected to climb another 29 percent from 2025 to 2030, according to a forecast from the Texas Energy Poverty Research Institute.

The increase in electric bills is tied to factors such as:

Higher natural gas prices
Greater demand from AI data centers and cryptomining facilities
Extreme weather
Population growth
Development of new transmission and distribution lines

The strain on ERCOT’s grid is only getting worse. An EIA forecast predicts demand for ERCOT electricity will jump 9.6 percent in 2026, and ERCOT expects a 50 percent jump in demand by 2029.

Spring-based private equity firm acquires West Texas wind farm

power deal

Spring-based private equity firm Arroyo Investors has teamed up with ONCEnergy, a Portland, Oregon-based developer of clean energy projects, to buy a 60-megawatt wind farm southeast of Amarillo.

Skyline Renewables, which acquired the site, known as the Whirlwind Energy Center, in 2018, was the seller. The purchase price wasn’t disclosed.

Whirlwind Energy Center, located in Floyd County, West Texas, comprises 26 utility-scale wind turbines. The wind farm, built in 2007, supplies power to Austin Energy.

“The acquisition reflects our focus on value-driven investments with strong counterparties, a solid operating track record, and clear relevance to markets with growing capacity needs,” Brandon Wax, a partner at Arroyo, said in a press release. “Partnering with ONCEnergy allows us to leverage deep operational expertise while expanding our investment footprint in the market.”

Arroyo focuses on energy infrastructure investments in the Americas. Its portfolio includes Spring-based Seaside LNG, which produces liquefied natural gas and LNG transportation services.

Last year, Arroyo closed an investment fund with more than $1 billion in total equity commitments.

Since its launch in 2003, Arroyo has “remained committed to investing in high-quality assets, creating value and positioning assets for exit within our expected hold period,” founding partner Chuck Jordan said in 2022.

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