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 startup wins funding through new Bezos Earth Fund initiative

global winner

A Houston-based climatech startup is one of the first 16 companies in the world to receive funding through a new partnership between The Bezos Earth Fund and The Earthshot Prize.

Mati Carbon will receive $100,000 through the Bezos Earth Fund’s Acceleration Initiative. The initiative will provide $4.8 million over three years to support climate and nature solutions startups. It's backed by The Bezos Earth Fund, which was founded through a $10 billion gift from Amazon founder Jeff Bezos and aims to "transform the fight against climate change."

The Acceleration Initiative will choose 16 startups each year from The Earthshot Prize’s global pool of nominations that were not selected as finalists. The Earthshot Prize, founded by Prince William, awards £1 million to five energy startups each year over a decade.

"The Earthshot Prize selects 15 finalists each year, but our wider pool of nominations represents a global pipeline of innovators and investable solutions that benefit both people and planet. Collaborating with the Bezos Earth Fund to support additional high-potential solutions is at the heart of commitment to working with partners who share our vision," Jason Knauf, CEO of The Earthshot Prize, said in a news release. "By combining our strengths to support 48 carefully selected grantees from The Earthshot Prize’s pool of nominations, our partnership with the Bezos Earth Fund means we will continue to drive systemic change beyond our annual Prize cycle, delivering real-world impact at scale and speed.”

Mati Carbon was founded in 2022 by co-directors Shantanu Agarwal and Rwitwika Bhattacharya. It removes carbon through its Enhanced Rock Weathering (ERW) program and works with agricultural farms in Africa and India. Mati Carbon says the farmers it partners with are some of the most vulnerable to the impacts of climate change.

"As one of the first 16 organizations selected, this support enables us to expand our operations, move faster and think bigger about the impact we can create," the company shared in a LinkedIn post.

The other grantees from around the world include:

Air Protein Inc.
Climatenza Solar
Instituto Floresta Viva
Forum Konservasi Leuser
Fundación Rewilding Argentina
Hyperion Robotics
InPlanet
Lasso
Mandai Nature
MERMAID
Asociación Conservacionista Misión Tiburón
Simple Planet
Snowchange Cooperative
tHEMEat Company
UP Catalyst

Mati Carbon also won the $50 million grand prize in the XPRIZE Carbon Removal competition, backed by Elon Musk’s charitable organization, The Musk Foundation, last year.

Texas' oil and gas foundation could boost its geothermal future, UH says

future of geothermal

Equipped with the proper policies and investments, Texas could capitalize on its oil and gas infrastructure and expertise to lead the U.S. in development of advanced geothermal power, a new University of Houston white paper says.

Drilling, reservoir development and subsurface engineering are among the Texas oil and gas industry’s capabilities that could translate to geothermal energy, according to a news release. Furthermore, oil and gas skills, data, technology and supply chains could help make geothermal power more cost-effective.

Up to 80 percent of the investment required for a geothermal project involves capacity and skills that are common in the oil and gas industry, the white paper points out.

Building on its existing oil-and-gas foundation, Texas could help accelerate production of geothermal energy, lower geothermal energy costs and create more jobs in the energy workforce, according to the news release.

The paper also highlights geothermal progress made by Houston-based companies Fervo Energy, Quaise Energy and Sage Geosystems, as well as Canada-based Eavor Technologies Inc.

UH’s Division of Energy published the white paper, Advanced Geothermal: Opportunities and Challenges, in partnership with the C.T. Bauer College of Business’ Gutierrez Energy Management Institute.

“Energy demand, especially electricity demand, is continuing to grow, and we need to develop new low-carbon energy sources to meet those needs,” Greg Bean, executive director of the institute and author of the white paper, said of geothermal’s potential.

HETI leader reflects on four years focused on the energy transition

The View From HETI

It’s hard to believe only four years have passed since I joined the Greater Houston Partnership to lead the Houston Energy Transition Initiative. We talk about COVID years feeling simultaneously like just yesterday and a lifetime ago, and my time at HETI feels quite similar. The energy and climate landscape has evolved dramatically over the last few years, but one constant has endured…Houston remains at the heart of the energy industry.

When I joined HETI at the start of 2022, I could not have imagined the impact we would have over the next four years. Our vision, laid out in 2020 by then Partnership Chair Bobby Tudor, was bold – leverage Houston’s energy leadership to accelerate global solutions for an energy abundant, low-carbon future. Our mission was clear – ensure the long-term economic competitiveness of the Houston region in a changing energy landscape. Our strategy, developed with strong support from McKinsey, was sound – build a coalition of industry, academic and community partners to position Houston as a leading hub for energy and climate innovation, commercialization and economic growth.

And Houston’s energy leaders, across business, academia and community, came together to deliver that strategy. Bobby Tudor’s timely vision created an anchor for Houston’s energy community that allowed us to broaden the energy and climate discussion to one focused on meeting growing energy demand and reducing emissions. That vision was a catalyst for changing the perception of Houston from oil & gas capital to an “all of the above” energy capital with a thriving energy and climate tech innovation ecosystem. Houston is where you can work collaboratively to build new energy value chains and ensure an affordable, secure, and lower emissions energy mix for our region, our country, and the world.

In this fast-moving energy environment, it can be easy to focus on what to do next without taking time to reflect on the work and celebrate the wins. We took the opportunity at the end of 2025 to reflect on five years of impact. As we developed that report, I thought about how fortunate I have been to lead this work for the last four years. HETI’s impact has been incredibly meaningful for our region, our members, and the new companies and founders building the next generation of energy technology and talent. As my time as executive director comes to an end, HETI’s work continues. The need remains clear: more energy, less emissions, and continued collaboration that brings together innovation and infrastructure, policies and markets, and hard tech together with human ingenuity.

As I prepare to hand the reigns to HETI’s new SVP and executive cirector, Sophia Cunningham, at the end of March, I have been reflecting on the impact this role has had on me. Four years ago, I could never have imagined the opportunities, experiences and relationships this role has enabled. I am truly grateful for the support and engagement of Houston’s business and community leaders, the visionary leadership of Bobby Tudor, Scott Nyquist, HETI Members, and the Greater Houston Partnership in creating this initiative at exactly the right moment in time. I am incredibly proud of the HETI and partnership team members who have delivered with purpose and passion, and I greatly appreciate Houston’s energy and climate leaders and champions who have supported my agenda, challenged my thinking, broadened my perspectives, and worked with HETI to demonstrate the power of partnership in developing, innovating and advancing the ideas and technologies needed to meet this challenge for our region and the world.

As excited as I am to see where this next chapter takes me, I am even more excited to see where the work of HETI goes from here. I am still optimistic that the challenge of providing the world with affordable, reliable, and resilient energy while simultaneously reducing emissions is one Houston is uniquely positioned to meet.

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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. For more information about the Houston Energy Transition Initiative, EnergyCapitalHTX's presenting sponsor, visit htxenergytransition.org.

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