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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OTC names 4 Houston professionals as 2025 emerging leaders

young pros

Four Houston professionals have been named to the Offshore Technology Conference's 2025 Emerging Leaders class.

The group of 10 represents individuals with less than 10 years of experience who have "demonstrated exceptional talent, commitment, and promise as future leaders in the offshore energy sector," according to a release from OTC. They were recognized at the annual conference, which was held May 5-8 at NRG Center.

Each year, Emerging Leaders are selected by the previous year’s group and are members of an OTC sponsoring, endorsing or supporting organization. While a number hail from the Houston area, this year's group is comprised of energy professionals from all over the world.

“This year’s leaders have a clear passion for the industry, are eager to play a role in its future, and serve as inspiration to others through their exemplary commitment to excellence and pursuit of new horizons.” Alex Martinez, chair of the OTC Board, said in a news release.

The 2025 Houston-area Emerging Leaders include:

Ellen Reat Wersan, an exploration geoscientist at Chevron
Brooke Polk, vice president-accreditation operations at the International Association of Drilling Contractors
Zheng Fan, assistant professor in the mechanical engineering technology department at the University of Houston
Scott Pisarik, lead materials and corrosion engineer at Chevron

Other recipients included:

Yingda Lu, assistant professor in the petroleum and geosystems engineering department at The University of Texas at Austin
Olusola Komolafe, project engineer at Geosyntec Consultants Inc.
Gabriel Correa Perocco, project manager at MODEC do Brasil
Sridhar Krishnamoorthy, senior research fellow and PhD research scholar at the Indian Institute of Technology Madras Chennai India
Daniel Toerner, technical sales engineer at Bardex Corp.
Olawale Ajayi, reservoir engineer at NNPC Limited

OTC concluded last week and brought together energy professionals, policymakers and scholars from more than 100 countries while showcasing more than 1,000 companies. Sessions featured prominent energy execs, including Oxy president and CEO Vicki Hollub from Houston and Brazil-based Petrobras' president Magda Chambriard. According to OTC, the event has generated $1.6 billion in income for Houston’s economy since 2010.

"From the latest technology to generation-changing policy discussions, this year’s success reflects the industry’s commitment to shaping the future of energy, advancing innovations and fostering global collaboration," Martinez added in a statement.

OTC 2026 will take place May 4-7, 2026, at NRG Center in Houston.

Large-scale battery storage project slated for Houston and more energy news to know

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Editor's note: The top energy transition news for the first half of May 2025 includes two global energy projects with Houston ties. Plus, we look at Houston's new Climate Justice Plan. Get the details on EnergyCapitalHTX's most-read stories below.

1. China-based company to launch its largest U.S. energy storage project in Houston

China-based Trina Storage is starting its U.S. expansion in Houston. Photo via trinasolar.com

Trina Storage and FlexGen, a North Carolina-based company that develops integrated energy storage systems, are bringing a 371-megawatt battery energy storage system to Houston. The project will be the largest grid-scale deployment project in North America by Trina Storage, which is a business unit of China-based Trina Solar.

"This project is a testament to Trina Storage's ability to provide a fully bankable, integrated energy storage solution that meets the evolving needs of the market," Terry Chen, vice president of Trina Storage North America, said.

"As our first grid-scale deployment in North America, this achievement reflects the industry's confidence in our technology and our commitment to de-risking energy storage investments and supporting the energy transition in the region." Continue reading.

2. Houston climatech company signs on to massive carbon capture project in Malaysia

HYCO1 has signed an agreement to convert 1 million tons per year of raw CO2 into industrial-grade syngas at a new carbon capture project in Malaysia. Photo via Getty Images.

Houston-based CO2 utilization company HYCO1 has signed a memorandum of understanding with Malaysia LNG Sdn. Bhd., a subsidiary of Petronas, for a carbon capture project in Malaysia, which includes potential utilization and conversion of 1 million tons of carbon dioxide per year.

The project will be located in Bintulu in Sarawak, Malaysia, where Malaysia LNG is based, according to a news release. Malaysia LNG will supply HYCO1 with an initial 1 million tons per year of raw CO2 for 20 years starting no later than 2030. The CCU plant is expected to be completed by 2029.

"This is very exciting for all stakeholders, including HYCO1, MLNG, and Petronas, and will benefit all Malaysians," HYCO1 CEO Gregory Carr said. "We approached Petronas and MLNG in the hopes of helping them solve their decarbonization needs, and we feel honored to collaborate with MLNG to meet their Net Zero Carbon Emissions by 2050.” Continue reading.

3. Oxy opens energy-focused innovation center in Midtown Houston

The Oxy Innovation Center is now open at the Ion in Houston, and a new coworking space launches this week. Photo courtesy of the Ion

Houston-based Occidental officially opened its new Oxy Innovation Center with a ribbon cutting at the Ion last month.

The opening reflects Oxy and the Ion's "shared commitment to advancing technology and accelerating a lower-carbon future," according to an announcement from the Ion.

Oxy, which was named a corporate partner of the Ion in 2023, now has nearly 6,500 square feet on the fourth floor of the Ion. Continue reading.

4. Harris County looks to future with new Climate Justice Plan

Harris County commissioners approved a plan that seeks to address issues of ecology, infrastructure, economy, community and culture. Photo via Getty Images.

Harris County commissioners approved a five-point Climate Justice Plan last month with a 3-1 vote by Harris County commissioners. The plan was created by the Office of County Administration’s Office of Sustainability and the nonprofit Coalition for Environment, Equity and Resilience.

“Climate action planning that centers on justice has the potential to spark innovative thinking and transformative actions that will lead to meaningful and just transitions in communities, policies, funding mechanisms, and implementation strategies,” the 59-page report reads.

The plan seeks to address issues relating to ecology, infrastructure, economy, community and culture. Continue reading.

5. Houston company completes orphan well decommission project in the Gulf

Promethean Energy had completed a significant decommissioning project in the Matagorda Island area. Photo via Getty Images.

Houston-based Promethean Energy announced this month that it has successfully decommissioned offshore orphaned wells in the Matagorda Island lease area.

Around this time last year, the company shared that it would work on the temporary abandonment of nine orphan wells on behalf of the Department of Interior's Bureau of Safety and Environmental Enforcement, or BSEE, in the area. Promethean is known for decommissioning mature assets in a cost-effective and environmentally sustainable manner.

“Our team is incredibly proud to have completed this critical work efficiently, safely, and ahead of budget,” Steve Louis, SVP of decommissioning at Promethean Energy, said. “By integrating our expertise, technologies and strategic partnerships, we have demonstrated that decommissioning can be both cost-effective and environmentally responsible.” Continue reading.

Engie signs deal to supply wind power for Texas data center

wind deal

Houston-based Engie North America, which specializes in generating low-carbon power, has sealed a preliminary deal to supply wind power to a Cipher Mining data center in Texas.

Under the tentative agreement, Cipher could buy as much as 300 megawatts of clean energy from one of Engie’s wind projects. The financial terms of the deal weren’t disclosed.

Cipher Mining develops and operates large data centers for cryptocurrency mining and high-performance computing.

In November, New York City-based Cipher said it bought a 250-acre site in West Texas for a data center with up to 100 megawatts of capacity. Cipher paid $4.1 million for the property.

“By pairing the data center with renewable energy, this strategic collaboration supports the use of surplus energy during periods of excess generation, while enhancing grid stability and reliability,” Engie said in a news release about the Cipher agreement.

The Engie-Cipher deal comes amid the need for more power in Texas due to several factors. The U.S. Energy Information Administration reported in October that data centers and cryptocurrency mining are driving up demand for power in the Lone Star State. Population growth is also putting pressure on the state’s energy supply.

Last year, Engie added 4.2 gigawatts of renewable energy capacity worldwide, bringing the total capacity to 46 gigawatts as of December 31. Also last year, Engie signed a new contract with Meta (Facebook's owner) and expanded its partnership with Google in the U.S. and Belgium.

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