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 energy and innovation leaders come together at Argonne National Laboratory

The view from heti

Nearly 20 companies from Houston, ranging from global multinationals to innovative startups, joined the team at Argonne National Laboratory in Lemont, Illinois, for a full day of meetings, discussions, and networking focused on advancing innovation, commercialization, and industry collaboration.

The fly-in organized by the Houston Energy Transition Initiative, provided a unique opportunity for companies to engage directly with Argonne researchers, technical experts, and leadership while gaining a deeper understanding of the laboratory’s world-class capabilities. Participants explored how national laboratories can help bridge the gap between breakthrough research and commercial deployment, particularly in areas critical to U.S. competitiveness and economic growth.

The significance of this engagement extends beyond a single visit. While the U.S. Department of Energy operates 17 national laboratories, none is located along the Gulf Coast, a region uniquely home to industry, infrastructure, and energy systems at commercial scale. HETI’s continued work with the national laboratories helps bridge that geographic and operational gap by connecting world-class scientific research with companies that understand how to scale and deploy technologies. The Argonne fly-in also created space to address practical barriers to collaboration, including complex agreements and lengthy contracting timelines, and to explore ways to establish partnership frameworks more efficiently.

Explore HETI’s key takeaways from the fly-in:

1. Scaling Technologies for Commercial Use

A central theme was the importance of scale-up infrastructure and the role Argonne plays in helping companies reduce technical and manufacturing risks. Participants learned how facilities such as the Materials Engineering Research Facility (MERF) support the transition from laboratory discoveries to pilot-scale production and ultimately commercial manufacturing. These capabilities are especially valuable for companies working to move promising technologies from concept to market.

The discussions also highlighted Argonne’s extensive work in critical materials, battery recycling, advanced manufacturing, and supply chain resilience. Attendees learned about initiatives including the ReCell Center, AI-enabled materials discovery, and advanced modeling tools that can help businesses understand supply chain vulnerabilities and evaluate mitigation strategies. These capabilities have applications across energy, chemicals, manufacturing, semiconductors, defense, and emerging technologies.

2. Creating Pathways for Collaboration

Another key takeaway was the importance of engaging early. Companies do not need to arrive with a fully developed project or solution. Argonne offers multiple pathways for collaboration, including sponsored research, user facility access, technology licensing, pilot-scale testing, and Cooperative Research and Development Agreements (CRADAs). These partnerships help companies access specialized expertise, facilities, and analytical tools that can accelerate innovation and commercialization

3. Building Connections Across Industry and Research

The fly-in reinforced the value of relationship building. Bringing together nearly 20 organizations in one place created meaningful opportunities for collaboration, knowledge sharing, and identifying future projects.

The conversations throughout the day demonstrated a shared commitment to strengthening domestic innovation, developing resilient supply chains, and creating pathways to bring new technologies to market.

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This article originally appeared on the Greater Houston Partnership's Houston Energy Transition Initiative blog. HETI exists to support Houston's future as an energy leader. Learn more about HETI’s role in advancing solutions and building partnerships to leverage Houston’s industry leadership for an energy-abundant, low-carbon future.

Fervo produces first geothermal power at flagship Utah project

energy milestone

Fervo Energy’s flagship project in Utah just generated its first geothermal power.

The electricity is now flowing to the power grid from one of Cape Station’s three generation units, Houston-based Fervo said in a news release. This represents an early but important milestone for the project, as the unit isn’t scheduled to deliver contracted power until Oct. 1.

The achievement, coming four months after Fervo’s roughly $2.2 billion IPO, demonstrates the viability of enhanced geothermal systems (EGS).

“This is a gamechanger for the geothermal industry. It establishes EGS as the defining new power generation technology of our time, and we believe it shows that the commercial and technical maturity of EGS is ready to meet the urgent need for reliable, clean power,” Tim Latimer, co-founder and CEO of Fervo, said in the release.

The plant’s two other units are scheduled to launch commercial operations on Jan. 1.

The three units make up the project’s 99-megawatt first phase. The next phase, which will add 400 megawatts of capacity, is under construction. The second phase is set to go online in 2028.

Altogether, Cape Station will provide more than 4 gigawatts of capacity, with 900 megawatts already spoken for. The 900 megawatts of contracted electricity would be enough to power nearly 1 million U.S. homes per year.

“Cape Station works because we treated the subsurface like an engineering challenge,” Jack Norbeck, co-founder and chief technology officer of Fervo, added in the release. “Years of drilling, completion design, subsurface modeling, and flow testing led to this moment, and this is the validation that matters most.”

Enhanced geothermal continuously draws on heat that’s deep underground, producing electricity around the clock regardless of weather or time of day. That makes it one of the only carbon-free resources capable of constant power delivery, which is critical for data centers and AI infrastructure.

Expert: Houston Energy and Climate Week showcases a city building the future

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While hundreds of thousands descend on New York for Climate Week, Houston offered a different proposition: come where the work is being built. And last week Houston proved that it’s solving for more energy and fewer emissions; reliability and affordability; speed and durability. We are solving for the “&.”

That equation sharpened last week. On Sept. 14, the Environmental Protection Agency announced it had repealed most 2024 federal carbon-pollution standards for power plants and proposed rescinding remaining greenhouse-gas requirements. Policy matters, but it can pivot. The need to build does not.

HECW is a proving ground, not another conference stop. As I wrote in the Houston Chronicle, Mayor Sylvester Turner planted the seed by insisting we bring people together across the city and industry to drive Houston’s energy future. He knew false choices have no place here: oil and gas and clean technology; prosperity and stewardship; industry and lower emissions.

ECW joined the Climate Week Network this year, connecting Houston to a growing community of more than 500,000 people across 22-plus cities. We now have a seat at the global table—and a responsibility to use it well, building with other cities and the wider clean-energy-solutions world rather than merely talking at them.

The capital is already moving. Since 2017, Houston Energy Transition Initiative member companies have invested more than $95 billion in low-carbon infrastructure, technologies, and research and development. This is where the transition is financed, engineered, tested and operated. But the work requires more than capital. It requires capital allocators who understand the difference between a promising idea and a project that can scale, hire and endure.

Last week was Houston’s show and tell. At ARTECHOUSE, The &Bassador Reception & Awards brought art, technology, culture, philanthropy and energy together. Then the week went beyond downtown.

Sugar Land Town Square became the launchpad for the Metro Innovation Tour & Market: a place for an ecosystem conversation about smart cities, clean energy, equitable access and next-generation mobility before participants boarded three tour routes across greater Houston. It was also the starting point for the Bay City South Innovation Tour to Erthos Project Bravo in Matagorda County, where small groups saw Earth Mount solar modules being installed in real time. The conversation did not end at a panel. It went to the project site.

The HTX Tech Tours included a visit to the Erthos Project Bravo in Matagorda County. Photo courtesy

Approximately 100 startups from around the world pitched at Rice Alliance, Greentown Labs and Halliburton Labs events. At Astros Night at Daikin Park, builders, backers, and believers traded conference rooms for the diamond, creating an experience, not just another event. That is how this work becomes civic fabric.

Activation also means making the energy story felt, not merely explained. AY Young brought the Battery Tour for live performances. It was a reminder that the “Power of &” is not confined to a boardroom or a laboratory. Art and technology, culture and commerce, a new generation and established industry can share the same stage—and help more people see themselves in the work ahead.

Perhaps no activation made the “Power of &” more immediate and real than the Houston, We Have Solutions open mic night. At Creatopia’s Innovation Studio, people took the mic—or simply listened—to share what they were building, the problem they could not stop thinking about, and the connection they hoped to make. It put founders, artists, community builders, researchers and future-makers in one room. That is collaboration in real time: different kinds of expertise meeting before anyone knows exactly what the solution will be.

FOX26 helped carry that story beyond the rooms we convened, hosting Erthos COO Jessica Knight, Mars Materials co-founder Aaron Fitzgerald, and investors Taylor Chapman and Juliana Garaizar to discuss building and backing the future in Houston. Our region should be proud—not as self-congratulation, but because the world is beginning to experience energy and climate solutions firsthand.

This was also a week to give back. Allies in Energy awarded $27,500 to nine organizations advancing energy and climate literacy, civil dialogue, workforce pathways and community action. NRG Energy’s Brighter Communities provided a founding gift to expand the week and fund local grants. It took partners, hosts, sponsors, volunteers, funders and community organizations. That is the “Power of &”: collaboration that leaves a stronger community behind.

The “Power of &” cannot stop at Houston’s city limits. Louisiana’s participation—through its support of the Digital Delta Symposium & Expo—made clear that Houston’s builder ecosystem is regional by necessity. Gulf Coast infrastructure, supply chains, talent, and industrial decisions do not recognize state lines. Neither should our collaboration. If we are serious about building more energy with fewer emissions, we must align capital, resources and opportunity across the entire Gulf Coast.

That same commitment to practical collaboration means listening, learning and adjusting. A builder’s mindset does not protect a plan simply because it came first; it improves the conditions for the work to succeed. That is why Houston Energy and Climate Week will move to April 4–10, 2027—better weather, more time and space for connection, and a stronger city-wide experience for the people building what comes next.

But the real test begins now. Can we keep widening the circle? Can we continue to turn research into projects, pilots into infrastructure, capital into good jobs and climate ambition into results that families and communities can see? Can we make every new solution stronger by bringing in the people who must finance it, build it, operate it, live beside it and benefit from it?

That is the work ahead. Turner understood that Houston does not move forward by asking who wins the argument. It moves forward by asking who is ready to solve the problem. His legacy—and the promise of the “&”—is an invitation to choose collaboration over division, action over performance and possibility over false choices.

The future does not need another city to talk about it. It needs Houston to keep building it. And it will only be built if we keep choosing the "&."

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Katie Mehnert is the CEO of The Bee Suite, and a recent partner to The Builder’s Movement.

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