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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Chevron names latest cohort of energy transition fellows at Rice University

energy fellowship

Chevron and Rice University have named 10 graduate students to the second cohort of the Chevron Energy Graduate Fellowship.

The students come from various departments at Rice and are working on innovations that reduce emissions or improve upon low-carbon technology. Fellows will each receive a $10,000 award to support their research along with the opportunity to connect with "industry experts who can provide valuable insight on scaling technologies from the lab to commercial application," according to Rice.

The fellows will present projects during a cross-university virtual symposium in the spring.

The 2025-26 Chevron Energy Graduate Fellows and their research topics include:

Cristel Carolina Brindis Flores, Molecular Simulations of CO₂ and H₂ for Geostorage
Davide Cavuto, Intensification of Floating Catalyst Chemical Vapor Deposition for Carbon Nanotubes Synthesis
Jaewoo Kim, Distributed Acoustic Sensing for In-situ Stress Monitoring in Enhanced Geothermal Systems
Jessica Hema Persaud, Understanding Tin Perovskite Crystallization Dynamics for All-Perovskite Tandems
Johanna Ikabu Bangala, Upcycling Methane-derived Zero-Valent Carbon for Sustainable Agriculture
Kashif Liaqat, From Waste to Resource: Increased Sustainability Through Hybrid Waste Heat Recovery Systems for Data Centers and Industry
Md Abid Shahriar Rahman Saadi, Advancing Sustainable Structural, Energy and Food Systems through Engineering of Biopolymers
Ratnika Gupta, Micro-Silicon/Carbon Nanotube Composite Anodes with Metal-free Current Collector for High Performance Li-Ion Batteries
Wei Ping Lam, Electrifying Chemical Manufacturing: High-Pressure Electrochemical CO₂ Capture and Conversion
William Schmid, Light-Driven Thermal Desalination Using Transient Solar Illumination

“Through this fellowship program, we can support outstanding graduate students from across the university who are conducting cutting-edge research across a variety of fields,” Carrie Masiello, director of the Rice Sustainability Institute, said in a news release. “This year, our 2026 Chevron Fellows are working on research that reflects the diversity of the sustainability research at Rice … and these scholarly endeavors exemplify the breadth and depth of research enabled by Chevron’s generous support.”

The Chevron Fellows program launched at Rice last year, naming 10 graduate students to the inaugural cohort. It is funded by Chevron and was created through a partnership between the Rice Sustainability Institute. Chevron launched a similar program at the University of Houston in 2023.

“Rice University continues to be an exceptional partner in advancing energy innovation,” Chris Powers, director of exploration commercial and portfolio at Chevron, added in the release. “The Chevron Energy Fellows program showcases the brilliance and drive of Rice graduate students, whose research in areas like carbon conversion, solar materials and geothermal sensing is already shaping the future of sustainable energy. We’re proud to celebrate their achievements and look forward to the impact they’ll continue to make across the energy landscape.”

Houston clean energy company to develop hybrid renewable project in Port Arthur

power project

Houston-based clean energy company Diligence Offshore Services has announced a strategic partnership with Florida-based floating solar manufacturing company AccuSolar for the development of a renewable energy project in the Port Arthur area.

Known as the Pleasure Island Power Collective, it will be built on 2,275 acres across Pleasure Island and Sabine Lake. It is expected to generate 391 megawatts of clean power, alongside a utility-scale battery energy storage system. It will also feature a 225-megawatt coastal onshore wind farm, with energy produced on-site used to power a data center for adaptive superintelligence, making it entirely self-sustained by renewable sources, according to the company.

AccuSolar will design and manufacture the project and power will be distributed through the Canaan Energy Corridor

“We are incredibly proud to partner with a fellow U.S. company like AccuSolar,” Harry C. Crawford III, founder and managing member of Diligence Offshore, said in a news release. “Their expertise in American manufacturing and floating solar technology is essential to the success of the Pleasure Island Power Collective.”

The project is expected to bring economic growth and a significant number of manufacturing jobs to the area during the construction phase and long-term operations.

Diligence Offshore is pursuing a DPA Title 1 DX rating under the Defense Production Act to help advance the project's development schedule, according to the release, which could lead to immediate manufacturing jobs.

“This partnership not only strengthens our domestic supply chain but also accelerates our vision to bring economic freedom and climate resilience to the Gulf Coast,” Crawford added in the release.

Houston organization proposes Gulf Coast index for hydrogen market

hydrogen index

The Clean Hydrogen Buyers Alliance has proposed an index aimed at bringing transparency to pricing in the emerging hydrogen market.

The Houston-based alliance said the Gulf Coast Hydrogen Index, based on real-time data, would provide more clarity to pricing in the global market for hydrogen. The benchmarking effort is being designed to benefit clean hydrogen buyers, sellers and investors. The index would help position the U.S. “as the trading anchor for hydrogen’s next chapter as a globally traded commodity,” the alliance said.

According to ResearchAndMarkets.com, the global market for clean hydrogen was valued at $200 billion in 2024 and is projected to reach $700 billion by 2040.

John Flory, president of the alliance, said the lack of a pricing index has relegated hydrogen to niche-market status.

“Capital is waiting. Buyers are ready. But until now, there’s been no credible, transparent pricing signal to guide clean hydrogen investing or contracting,” Edward Morse, co-chairman of the Clean Hydrogen Transaction Advisory Committee, said in a news release.

The index would treat the Gulf Coast as the primary delivery hub for pipeline-grade hydrogen in three categories: basic, low-carbon and ultra-low-carbon. It would be similar to the Henry Hub index for pricing of natural gas.

Roger Ballentine, co-chairman of the clean energy advisory committee, said the hydrogen index would build confidence in this energy source among government agencies, companies and investors. A Henry Hub-style benchmark for hydrogen “provides clarity, reduces risk, and lays the foundation for clean energy to become a globally traded commodity critical to decarbonization,” he said.

The Gulf Coast, with Texas as the focal point, is key to the evolution of the U.S. clean hydrogen economy, according to the Fuel Cell and Hydrogen Energy Association.

At the core of the Gulf Coast’s role is the U.S. Department of Energy's selection of the Gulf Coast as one of the country’s seven regional hubs for clean hydrogen. However, the DOE has proposed cutting funding for the HyVelocity Gulf Coast Hydrogen Hub, a $1.2 billion development in Texas and Louisiana by AES, Air Liquide, Chevron, ExxonMobil, MHI Hydrogen Infrastructure and Ørsted, according to a new list of proposed DOE funding cancellations.

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