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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NRG makes latest partnership to grow virtual power plant

VPP partners

Houston-based NRG Energy recently announced a new long-term partnership with San Francisco-based Sunrun that aims to meet Texas’ surging energy demands and accelerate the adoption of home battery storage in Texas. The partnership also aligns with NRG’s goal of developing a 1-gigawatt virtual power plant by connecting thousands of decentralized energy sources by 2035.

Through the partnership, the companies will offer Texas residents home energy solutions that pair Sunrun’s solar-plus-storage systems with optimized rate plans and smart battery programming through Reliant, NRG’s retail electricity provider. As new customers enroll, their stored energy can be aggregated and dispatched to the ERCOT grid, according to a news release.

Additionally, Sunrun and NRG will work to create customer plans that aggregate and dispatch distributed power and provide electricity to Texas’ grid during peak periods.

“Texas is growing fast, and our electricity supply must keep pace,” Brad Bentley, executive vice president and president of NRG Consumer, said in the release. “By teaming up with Sunrun, we’re unlocking a new source of dispatchable, flexible energy while giving customers the opportunity to unlock value from their homes and contribute to a more resilient grid

Participating Reliant customers will be paid for sharing their stored solar energy through the partnership. Sunrun will be compensated for aggregating the stored capacity.

“This partnership demonstrates the scale and strength of Sunrun’s storage and solar distributed power plant assets,” Sunrun CEO Mary Powell added in the release. “We are delivering critical energy infrastructure that gives Texas families affordable, resilient power and builds a reliable, flexible power plant for the grid.”

In December, Reliant also teamed up with San Francisco tech company GoodLeap to bolster residential battery participation and accelerate the growth of NRG’s virtual power plant network in Texas.

In 2024, NRG partnered with California-based Renew Home to distribute hundreds of thousands of VPP-enabled smart thermostats by 2035 to help households manage and lower their energy costs. At the time, the company reported that its 1-gigawatt VPP would be able to provide energy to 200,000 homes during peak demand.

10+ exciting energy breakthroughs made by Houston teams in 2025

Year In Review

Editor's note: As 2025 comes to a close, we're revisiting the biggest headlines and major milestones of the energy sector this year. Here are the most exciting scientific breakthroughs made by Houstonians this year that are poised to shape the future of energy:

Rice University team develops eco-friendly method to destroy 'forever chemicals' in water

Rice University researchers have developed a new method for removing PFAS from water that works 100 times faster than traditional filters. Photo via Rice University.

Rice University researchers have teamed up with South Korean scientists to develop the first eco-friendly technology that captures and destroys toxic “forever chemicals,” or PFAS, in water. The Rice-led study centered on a layered double hydroxide (LDH) material made from copper and aluminum that could rapidly capture PFAS and be used to destroy the chemicals.

UH researchers make breakthrough in cutting carbon capture costs

UH carbon capture cost cutting

A team from UH has published two breakthrough studies that could help cut costs and boost efficiency in carbon capture. Photo courtesy UH.

A team of researchers at the University of Houston has made two breakthroughs in addressing climate change and potentially reducing the cost of capturing harmful emissions from power plants. Led by Professor Mim Rahimi at UH’s Cullen College of Engineering, the team first introduced a membraneless electrochemical process that cuts energy requirements and costs for amine-based carbon dioxide capture during the acid gas sweetening process.The second breakthrough displayed a reversible flow battery architecture that absorbs CO2 during charging and releases it upon discharge.

Houston team’s discovery brings solid-state batteries closer to EV use

Houston researchers have uncovered why solid-state batteries break down and what could be done to slow the process. Photo via Getty Images.

A team of researchers from the University of Houston, Rice University and Brown University has uncovered new findings that could extend battery life and potentially change the electric vehicle landscape. Their work deployed a powerful, high-resolution imaging technique known as operando scanning electron microscopy to better understand why solid-state batteries break down and what could be done to slow the process.

Houston researchers make breakthrough on electricity-generating bacteria

A team of Rice researchers, including Caroline Ajo-Franklin and Biki Bapi Kundu, has uncovered how certain bacteria breathe by generating electricity. Photo by Jeff Fitlow/Rice University.

Research from Rice University that merges biology with electrochemistry has uncovered new findings on how some bacteria generate electricity. Research showed how some bacteria use compounds called naphthoquinones, rather than oxygen, to transfer electrons to external surfaces in a process known as extracellular respiration. In other words, the bacteria are exhale electricity as they breathe. This process has been observed by scientists for years, but the Rice team's deeper understanding of its mechanism is a major breakthrough, with implications for the clean energy and industrial biotechnology sectors, according to the university.

Rice researchers' quantum breakthrough could pave the way for next-gen superconductors

Researchers from Rice University say their recent findings could revolutionize power grids, making energy transmission more efficient. Image via Getty Images.

A study from researchers at Rice University could lead to future advances in superconductors with the potential to transform energy use. The study revealed that electrons in strange metals, which exhibit unusual resistance to electricity and behave strangely at low temperatures, become more entangled at a specific tipping point, shedding new light on these materials. The materials share a close connection with high-temperature superconductors, which have the potential to transmit electricity without energy loss, according to the researchers. By unblocking their properties, researchers believe this could revolutionize power grids and make energy transmission more efficient.

UH researchers develop breakthrough material to boost efficiency of sodium-ion batteries

A team at the University of Houston is changing the game for sodium-ion batteries. Photo via Getty Images

A research lab at the University of Houston developed a new type of material for sodium-ion batteries that could make them more efficient and boost their energy performance. The Canepa Research Laboratory is working on a new material called sodium vanadium phosphate, which improves sodium-ion battery performance by increasing the energy density. This material brings sodium technology closer to competing with lithium-ion batteries, according to the researchers.

Houston researchers make headway on developing low-cost sodium-ion batteries

Houston researchers make headway on developing low-cost sodium-ion batteries

Rice's Atin Pramanik and a team in Pulickel Ajayan's lab shared new findings that offer a sustainable alternative to lithium batteries by enhancing sodium and potassium ion storage. Photo by Jeff Fitlow/Courtesy Rice University

A new study by researchers from Rice University’s Department of Materials Science and NanoEngineering, Baylor University and the Indian Institute of Science Education and Research Thiruvananthapuram has introduced a solution that could help develop more affordable and sustainable sodium-ion batteries. The team worked with tiny cone- and disc-shaped carbon materials from oil and gas industry byproducts with a pure graphitic structure. The forms allow for more efficient energy storage with larger sodium and potassium ions, which is a challenge for anodes in battery research. Sodium and potassium are more widely available and cheaper than lithium.

Houston scientists develop 'recharge-to-recycle' reactor for lithium-ion batteries

Rice University scientists' “recharge-to-recycle” reactor has major implications for the electric vehicle sector. Photo courtesy Jorge Vidal/Rice University.

Engineers at Rice University have developed a cleaner, innovative process to turn end-of-life lithium-ion battery waste into new lithium feedstock. The findings demonstrate how the team’s new “recharge-to-recycle” reactor recharges the battery’s waste cathode materials to coax out lithium ions into water. The team was then able to form high-purity lithium hydroxide, which was clean enough to feed directly back into battery manufacturing. The study has major implications for the electric vehicle sector, which significantly contributes to the waste stream from end-of-life battery packs.

Houston researchers develop strong biomaterial that could replace plastic

A team led by M.A.S.R. Saadi and Muhammad Maksud Rahman has developed a biomaterial that they hope could be used for the “next disposable water bottle." Photo courtesy Rice University.

Collaborators from two Houston universities are leading the way in engineering a biomaterial into a scalable, multifunctional material that could potentially replace plastic. The study introduced a biosynthesis technique that aligns bacterial cellulose fibers in real-time, which resulted in robust biopolymer sheets with “exceptional mechanical properties.” Ultimately, the scientists hope this discovery could be used for the “next disposable water bottle,” which would be made by biodegradable biopolymers in bacterial cellulose, an abundant resource on Earth. Additionally, the team sees applications for the materials in the packaging, breathable textiles, electronics, food and energy sectors.

Houston researchers reach 'surprising' revelation in materials recycling efforts

A team led by Matteo Pasquali, director of Rice’s Carbon Hub, has unveiled how carbon nanotube fibers can be a sustainable alternative to materials like steel, copper and aluminum. Photo by Jeff Fitlow/ Courtesy Rice University

Researchers at Rice University have demonstrated how carbon nanotube (CNT) fibers can be fully recycled without any loss in their structure or properties. The discovery shows that CNT fibers could be used as a sustainable alternative to traditional materials like metals, polymers and the larger, harder-to-recycle carbon fibers, which the team hopes can pave the way for more sustainable and efficient recycling efforts.