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.

Harris County was awarded $1.64 million, the largest total among the local governments. Photo via Getty Images

Houston-area counties land DOE funding for energy infrastructure projects

seeing green

The U.S. Department of Energy recently awarded more than $2 million to Harris and Montgomery counties for projects that improve energy efficiency and infrastructure in the region.

The funds come from the DOE's Energy Efficiency and Conservation Block Grant (EECBG) Program. Harris and Montgomery counties are among 28 state, local, and Tribal governments to have been awarded a total of $30 million through the initiative, according to a statement.

The grants were awarded to eight states, four cities, four counties and 12 smaller, rural communities.

“Our local governments are at the forefront of our clean energy revolution and are critical touchpoints with our nation’s communities creating clean, healthy and affordable communities,” U.S. Secretary of Energy Jennifer M. Granholm says in a statement. “With historic funding thanks to President Biden’s clean energy laws, more Americans will receive upgrades to their homes through residential energy efficiency rebates, expanded weatherization efforts, and electrification programs that will save them energy and increase their comfort.

"This funding will also invest in improving public spaces, giving more Americans across the country access to energy efficient technologies and clean energy infrastructure in their communities such as heat pumps, LED lights, solar energy, and EV charging stations,” she continues.

Harris County was awarded $1.64 million, the largest total among the local governments. It will be put toward for several projects:

  • Conducting community engagement with disadvantaged communities for climate justice planning
  • Performing site assessments for solar and storage on county properties in disadvantaged communities
  • Conducting recycling pilots at county facilities
  • Enhancing walking and bicycling to school as part of the Safe Routes to School plan
  • Deploying an off-grid, solar EV station on county property in a disadvantaged community in the greater-Houston area

Montgomery County was awarded $457,580 to replace 150 metal halide lights at a community sports field with LED lights and add wireless controls.

According to the DOE, more than $430 million in formula grant funding is available through the EECBG Program and another 2,700 governments and tribes are eligible for funds. Grants are slated to be awarded on a rolling basis as the department receives applications. The application deadline for eligible local governments and tribes has been extended to April 30, 2024.

Other states, local governments and tribes to recieve funding in this round include:

States

  • Alabama ($2,207,540)
  • Alaska ($1,627,450)
  • Idaho ($1,742,300)
  • Louisiana ($2,149,350)
  • Maine ($1,668,790)
  • Ohio ($3,130,030)
  • Rhode Island ($1,675,110)
  • Washington ($2,273,890)

Local governments

  • Bend, Oregon ($152,740)
  • Boston, Massachusetts ($659,990)
  • Los Angeles County, California ($1,344,700)
  • Minneapolis, Minnesota ($424,330)
  • Nashville, Tennessee ($644,440)
  • Wagoner County, Oklahoma ($76,900)

EECBG Program Competitive Awards

  • Albany, California ($200,000)
  • Cascade, Idaho ($200,000)
  • Decatur, Georgia ($400,000)
  • Decorah, Iowa ($1,100,000)
  • Durham County, North Carolina ($1,500,000)
  • Eagle County, Colorado ($1,400,000)
  • Exeter, New Hampshire ($200,000)
  • Kittery, Maine ($800,000)
  • Littleton, Massachusetts ($300,000)
  • MOWA Band of Choctaw Indians in Alabama ($1,100,000)
  • Nenana, Alaska ($900,000)
  • Peterborough, New Hampshire ($700,000) and Harrisville, NH

The funds add to the list for grants the federal government has doled out to Houston-area projects related to the energy transition in recent months.

Earlier in October, Granholm announced that the HyVelocity Hydrogen Hub would receive funding through the Bipartisan Infrastructure Law. The project, which connects more than 1,000 miles of hydrogen pipelines, 48 hydrogen production facilities and dozens of hydrogen end-use applications across Texas and Southwest Louisiana will receive up to $1.2 billion.

The DOE also granted more than $10 million in funding to four carbon capture projects with ties to Houston earlier this summer.

And in September, Rice University announced that it would host the Carbon Management Community Summit this fall, sponsored by the DOE, and in partnership with the city of Houston and climate change-focused multimedia company Climate Now. The event takes place next month.
The HyVelocity Hub, representing the Gulf Coast region, will receive $1.2 billion to strengthen and further build out the region's hydrogen production. Photo via Getty Images

Houston-area selected among 7 regions for $7B federal hydrogen hub investment

HyVelocity

Not only has a Houston-area project been announced as one of the seven regions to receive a part of the $7 billion in Bipartisan Infrastructure Law funding to advance domestic hydrogen production — but the Bayou City is getting one of the largest pieces of the pie.

President Biden and Energy Secretary Jennifer Granholm named the seven regions to receive funding in a White House statement today. The Gulf Coast's project, HyVelocity Hydrogen Hub, will receive up to $1.2 billion — the most any hub will receive, per the release.

“As I’ve stated repeatedly over the past years, we are uniquely positioned to lead a transformational clean hydrogen hub that will deliver economic growth and good jobs, including in historically underserved communities," Houston Mayor Sylvester Turner says in a news release. "HyVelocity will also help scale up national and world clean hydrogen economies, resulting in significant decarbonization gains. I’d also like to thank all the partners who came together to create HyVelocity Hub in a true spirit of public-private collaboration.”

Backed by industry partners AES Corporation, Air Liquide, Chevron, ExxonMobil, Mitsubishi Power Americas, Ørsted, and Sempra Infrastructure, the HyVelocity Hydrogen Hub will connect more than 1,000 miles of hydrogen pipelines, 48 hydrogen production facilities, and dozens of hydrogen end-use applications across Texas and Southwest Louisiana. The hub is planning for large-scale hydrogen production through both natural gas with carbon capture and renewables-powered electrolysis.

The project is spearheaded by GTI Energy and other organizing participants, including the University of Texas at Austin, The Center for Houston’s Future, Houston Advanced Research Center, and around 90 other supporting partners from academia, industry, government, and beyond.

“Prioritizing strong community engagement and demonstrating an innovation ecosystem, the HyVelocity Hub will improve local air quality and create equitable access to clean, reliable, affordable energy for communities across the Gulf Coast region,” says Paula A. Gant, president and CEO of GTI Energy, in a news release.

According to the White House's announcement, the hub will create 45,000 direct jobs — 35,000 in construction jobs and 10,000 permanent jobs. The other selected hubs — and the impact they are expected to have, include:

  • Tied with HyVelocity in terms of funding amount, the California Hydrogen Hub — Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES) — will also receive up to $1.2 billion to create 220,000 direct jobs—130,000 in construction jobs and 90,000 permanent jobs. The project is expected to target decarbonizing public transportation, heavy duty trucking, and port operations.
  • The Midwest Alliance for Clean Hydrogen (MachH2), spanning Illinois, Indiana, and Michigan, will receive up to $1 billion. This region's efforts will be directed at optimizing hydrogen use in steel and glass production, power generation, refining, heavy-duty transportation, and sustainable aviation fuel. It's expected to create 13,600 direct jobs—12,100 in construction jobs and 1,500 permanent jobs.
  • Receiving up to $1 billion and targeting Washington, Oregon, and Montana, the Pacific Northwest Hydrogen Hub — named PNW H2— will produce clean hydrogen from renewable sources and will create over 10,000 direct jobs—8,050 in construction jobs and 350 permanent jobs.
  • The Appalachian Regional Clean Hydrogen Hub (ARCH2), which will be located in West Virginia, Ohio, and Pennsylvania, will tap into existing infrastructure to use low-cost natural gas to produce low-cost clean hydrogen and permanently and safely store the associated carbon emissions. The project, which will receive up to $925 million, will create 21,000 direct jobs—including more than 18,000 in construction and more than 3,000 permanent jobs.
  • Spanning Minnesota, North Dakota, and South Dakota, the Heartland Hydrogen Hub will receive up to $925 million and create around 3,880 direct jobs–3,067 in construction jobs and 703 permanent jobs — to decarbonize the agricultural sector’s production of fertilizer, decrease the regional cost of clean hydrogen, and advance hydrogen use in electric generation and for cold climate space heating.
  • Lastly, the Mid-Atlantic Clean Hydrogen Hub (MACH2), which will include Pennsylvania, Delaware, and New Jersey, hopes to repurposing historic oil infrastructure to develop renewable hydrogen production facilities from renewable and nuclear electricity. The hub, which will receive up to $750 million, anticipates creating 20,800 direct jobs—14,400 in construction jobs and 6,400 permanent jobs.

These seven clean hydrogen hubs are expected to catalyze more than $40 billion in private investment, per the White house, and bring the total public and private investment in hydrogen hubs to nearly $50 billion. Collectively, they aim to produce more than three million metric tons of clean hydrogen annually — which reaches nearly one third of the 2030 U.S. clean hydrogen production goal. Additionally, the hubs will eliminate 25 million metric tons of carbon dioxide emissions from end uses each year. That's roughly equivalent to annual emissions of over 5.5 million gasoline-powered cars.

“Unlocking the full potential of hydrogen—a versatile fuel that can be made from almost any energy resource in virtually every part of the country—is crucial to achieving President Biden’s goal of American industry powered by American clean energy, ensuring less volatility and more affordable clean energy options for American families and businesses,” U.S. Secretary of Energy Jennifer M. Granholm says in the release. “With this historic investment, the Biden-Harris Administration is laying the foundation for a new, American-led industry that will propel the global clean energy transition while creating high quality jobs and delivering healthier communities in every pocket of the nation.”

HyVelocity has been a vision amongst Houston energy leaders for over a year, announcing its bid for regional hydrogen hub funding last November. Another Houston-based clean energy project was recently named a semi-finalist for National Science Foundation funding.

“We are excited to get to work making HyVelocity come to life,” Brett Perlman, president and CEO of Center for Houston’s Future, says in the release. “We look forward to spurring economic growth and development, creating jobs, and reducing emissions in ways that will benefit local communities and the Gulf Coast region as a whole. HyVelocity will be a model for creating a clean hydrogen ecosystem in an inclusive and equitable manner.”

Ad Placement 300x100
Ad Placement 300x600

CultureMap Emails are Awesome

New Gulf Coast recycling plant partners with first-of-kind circularity hub

now open

TALKE USA Inc., the Houston-area arm of German logistics company TALKE, officially opened its Recycling Support Center earlier this month.

Located next to the company's Houston-area headquarters, the plant will process post-consumer plastic materials, which will eventually be converted into recycling feedstock. Chambers County partially funded the plant.

“Our new recycling support center expands our overall commitment to sustainable growth, and now, the community’s plastics will be received here before they head out for recycling. This is a win for the residents of Chambers County," Richard Heath, CEO and president of TALKE USA, said in a news release.

“The opening of our recycling support facility offers a real alternative to past obstacles regarding the large amount of plastic products our local community disposes of. For our entire team, our customers, and the Mont Belvieu community, today marks a new beginning for effective, safe, and sustainable plastics recycling.”

The new plant will receive the post-consumer plastic and form it into bales. The materials will then be processed at Cyclyx's new Houston Circularity Center, a first-of-its-kind plastic waste sorting and processing facility being developed through a joint venture between Cyclix, ExxonMobil and LyondellBasell.

“Materials collected at this facility aren’t just easy-to-recycle items like water bottles and milk jugs. All plastics are accepted, including multi-layered films—like chip bags and juice pouches. This means more of the everyday plastics used in the Chambers County community can be captured and kept out of landfills,” Leslie Hushka, chief impact officer at Cyclyx, added in a LinkedIn post.

Cyclyx's circularity center is currently under construction and is expected to produce 300 million pounds of custom-formulated feedstock annually.

Houston quantum simulator research reveals clues for solar energy conversion

energy flow

Rice University scientists have used a programmable quantum simulator to mimic how energy moves through a vibrating molecule.

The research, which was published in Nature Communications last month, lets the researchers watch and control the flow of energy in real time and sheds light on processes like photosynthesis and solar energy conversion, according to a news release from the university.

The team, led by Rice assistant professor of physics and astronomy Guido Pagano, modeled a two-site molecule with one part supplying energy (the donor) and the other receiving it (the acceptor).

Unlike in previous experiments, the Rice researchers were able to smoothly tune the system to model multiple types of vibrations and manipulate the energy states in a controlled setting. This allowed the team to explore different types of energy transfer within the same platform.

“By adjusting the interactions between the donor and acceptor, coupling to two types of vibrations and the character of those vibrations, we could see how each factor influenced the flow of energy,” Pagano said in the release.

The research showed that more vibrations sped up energy transfer and opened new paths for energy to move, sometimes making transfer more efficient even with energy loss. Additionally, when vibrations differed, efficient transfer happened over a wider range of donor–acceptor energy differences.

“The results show that vibrations and their environment are not simply background noise but can actively steer energy flow in unexpected ways,” Pagano added.

The team believes the findings could help with the design of organic solar cells, molecular wires and other devices that depend on efficient energy or charge transfer. They could also have an environmental impact by improving energy harvesting to reduce energy losses in electronics.

“These are the kinds of phenomena that physical chemists have theorized exist but could not easily isolate experimentally, especially in a programmable manner, until now,” Visal So, a Rice doctoral student and first author of the study, added in the release.

The study was supported by The Welch Foundation,the Office of Naval Research, the National Science Foundation CAREER Award, the Army Research Office and the Department of Energy.

The EPA is easing pollution rules — here’s how it’s affecting Texas

In the news

The first year of President Trump’s second term has seen an aggressive rollback of federal environmental protections, which advocacy groups fear will bring more pollution, higher health risks, and less information and power for Texas communities, especially in heavily industrial and urban areas.

Within Trump’s first 100 days in office, his new Environmental Protection Agency administrator, Lee Zeldin, announced a sweeping slate of 31 deregulatory actions. The list, which Zeldin called the agency’s “greatest day of deregulation,” targeted everything from soot standards and power plant pollution rules to the Endangerment Finding, the legal and scientific foundation that obligates the EPA to regulate climate-changing pollution under the Clean Air Act.

Since then, the agency froze research grants, shrank its workforce, and removed some references to climate change and environmental justice from its website — moves that environmental advocates say send a clear signal: the EPA’s new direction will come at the expense of public health.

Cyrus Reed, conservation director of the Lone Star Chapter of the Sierra Club, said Texas is one of the states that feels EPA policy changes directly because the state has shown little interest in stepping up its environmental enforcement as the federal government scales back.

“If we were a state that was open to doing our own regulations there’d be less impact from these rollbacks,” Reed said. “But we’re not.”

“Now we have an EPA that isn’t interested in enforcing its own rules,” he added.

Richard Richter, a spokesperson at the state’s environmental agency, Texas Commission on Environmental Quality, said in a statement that the agency takes protecting public health and natural resources seriously and acts consistently and quickly to enforce federal and state environmental laws when they’re violated.

Methane rules put on pause

A major EPA move centers on methane, a potent greenhouse gas that traps heat far more efficiently than carbon dioxide over the short term. It accounts for roughly 16% of global greenhouse gas emissions and is a major driver of climate change. In the U.S., the largest source of methane emissions is the energy sector, especially in Texas, the nation’s top oil and gas producer.

In 2024, the Biden administration finalized long-anticipated rules requiring oil and gas operators to sharply reduce methane emissions from wells, pipelines, and storage facilities. The rule, developed with industry input, targeted leaks, equipment failures, and routine flaring, the burning off of excess natural gas at the wellhead.

Under the rule, operators would have been required to monitor emissions, inspect sites with gas-imaging cameras for leaks, and phase out routine flaring. States are required to come up with a plan to implement the rule, but Texas has yet to do so. Under Trump’s EPA, that deadline has been extended until January 2027 — an 18-month postponement.

Texas doesn’t have a rule to capture escaping methane emissions from energy infrastructure. Richter, the TCEQ spokesperson, said the agency continues to work toward developing the state plan.

Adrian Shelley, Texas director of the watchdog group Public Citizen, said the rule represented a rare moment of alignment between environmentalists and major oil and gas producers.

“I think the fossil fuel industry generally understood that this was the direction the planet and their industry was moving,” he said. Shelley said uniform EPA rules provided regulatory certainty for changes operators saw as inevitable.

Reed, the Sierra Club conservation director, said the delay of methane rules means Texas still has no plan to reduce emissions, while neighboring New Mexico already has imposed its own state methane emission rules that require the industry to detect and repair methane leaks and ban routine venting and flaring.

These regulations have cut methane emissions in the New Mexico portion of the Permian Basin — the oil-rich area that covers West Texas and southeast New Mexico — to half that of Texas, according to a recent data analysis by the Environmental Defense Fund. That’s despite New Mexico doubling production since 2020.

A retreat from soot standards

Fine particulate matter or PM 2.5, one of six pollutants regulated under the Clean Air Act, has been called by researchers the deadliest form of air pollution.

In 2024, the EPA under President Biden strengthened air rules for particulate matter by lowering the annual limit from 12 to 9 micrograms per cubic meter. It was the first update since 2012 and one of the most ambitious pieces of Biden’s environmental agenda, driven by mounting evidence that particulate pollution is linked to premature death, heart disease, asthma, and other respiratory illnesses.

After the rule was issued, 24 Republican-led states, including Kentucky and West Virginia, sued to revert to the weaker standard. Texas filed a separate suit asking to block the rule’s recent expansion.

State agencies are responsible for enforcing the federal standards. The TCEQ is charged with creating a list of counties that exceed the federal standard and submitting those recommendations to Gov. Greg Abbott, who then finalizes the designations and submits them to the EPA.

Under the 9 microgram standard, parts of Texas, including Dallas, Harris (which includes Houston), Tarrant (Fort Worth), and Bowie (Texarkana) counties, were in the process of being designated nonattainment areas — which, when finalized, would trigger a legal requirement for the state to develop a plan to clean up the air.

That process stalled after Trump returned to office. Gov. Greg Abbott submitted his designations to EPA last February, but EPA has not yet acted on his designations, according to Richter, the TCEQ spokesperson.

In a court filing last year, the Trump EPA asked a federal appeals court to vacate the stricter standard, bypassing the traditional notice and comment administrative process.

For now, the rule technically remains in effect, but environmental advocates say the EPA’s retreat undermines enforcement of the rule and signals to polluters that it may be short-lived.

Shelley, with Public Citizen, believes the PM2.5 rule would have delivered the greatest health benefit of any EPA regulation affecting Texas, particularly through reductions in diesel pollution from trucks.

“I still hold out hope that it will come back,” he said.

Unraveling the climate framework

Beyond individual pollutants, the Trump EPA has moved to dismantle the federal architecture for addressing climate change.

Among the proposals is eliminating the Greenhouse Gas Reporting Program, which requires power plants, refineries, and oil and gas suppliers to report annual emissions. The proposal has drawn opposition from both environmental groups and industry, which relies on the data for planning and compliance.

Colin Leyden, Texas state director and energy lead at the nonprofit Environmental Defense Fund, said eliminating the program could hurt Texas industry. If methane emissions are no longer reported, then buyers and investors of natural gas, for example, won’t have an official way to measure how much methane pollution is associated with that gas, according to Leyden. That makes it harder to judge how “clean” or “climate-friendly” the product is, which international buyers are increasingly demanding.

“This isn’t just bad for the planet,” he said. “It makes the Texas industry less competitive.”

The administration also proposed last year rescinding the Endangerment Finding, issued in 2009, which obligates the EPA to regulate climate pollution. Most recently, the EPA said it will stop calculating how much money is saved in health care costs as a result of air pollution regulations that curb particulate matter 2.5 and ozone, a component of smog. Both can cause respiratory and health problems.

Leyden said tallying up the dollar value of lives saved when evaluating pollution rules is a foundational principle of the EPA since its creation.

“That really erodes the basic idea that (the EPA) protects health and safety and the environment,” he said.

___

This story was originally published by The Texas Tribune and distributed through a partnership with The Associated Press.