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.

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.”

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Houston nuclear startup launches at CERAWeek, plans Texas facility

going nuclear

A new nuclear energy startup launched last month during CERAWeek in the Bayou City.

FluxPoint Energy, the new Houston- and McLean, Virginia-based company, plans to develop the nation’s first new uranium conversion facility in more than 70 years, an effort CEO and founder Mike Chilton says is critical to unlocking the next phase of nuclear energy growth.

"Policymakers, utilities, and developers increasingly point to fuel availability as a limiting factor for America's nuclear reactors—both present and future," Chilton said in a news release. "Uranium conversion has become an unacceptable chokepoint in a global supply chain still dominated by foreign providers."

Chilton has held leadership roles at Pegasus-Global Holdings and GE Verona Hitachi Global Nuclear Fuels. Rodrigo Gonzalez Arbizu serves as COO and Christopher J. Rimel as chief of staff. The Board of Advisors includes energy leaders, including Jeff Lyash, John Sharp, Jane Stricker, Jennifer Skylakos, Leo Weitzenhoff and Jay Wileman.

FluxPoint’s planned facility will convert uranium oxide into uranium hexafluoride (UF6). Although FluxPoit’s new facility is still far off, the company announced it had secured a site and completed both market and feasibility studies. The specific area has not been revealed, only that it will be in Texas.

Discussions at CERAWeek revolved around securing reliable sources of uranium.

Nuclear energy production has been stagnant or even in slight decline since the 1990s. Concerns about nuclear waste and safety, as well as prohibitive costs, have kept new plants from being built, while the widespread availability of cheap natural gas has made investing in nuclear power less profitable. Many see the technology as dangerous and outdated.

However, as energy crises become more common, companies like FluxPoint are looking to restart the nuclear energy sector. The industry got a boost under the Biden Administration thanks to the Inflation Reduction Act, which set goals of adding 35 gigawatts of new capacity by 2035.

Chilton participated in a panel on the best ways to ensure American nuclear plants have access to uranium, most of which is not mined in the United States.

"America cannot lead in nuclear energy while relying on foreign-controlled fuel processing," Chilton added. "FluxPoint was created to restore a critical piece of our nation's energy infrastructure—ensuring that U.S. reactors have access to a secure, domestic fuel supply. This is about energy security, economic strength, and global leadership."

Fervo Energy leads Time’s top green tech companies of 2026

top spot

The accolades keep coming for Houston-based geothermal energy company Fervo Energy.

Fervo sits atop Time magazine’s and Statista’s 2026 list of America’s Top GreenTech Companies. Fervo ranked No. 6 on the list last year.

The ranking honors 250 companies in the U.S. based on their environmental impact, innovation and financial strength. Fervo joins five other Houston-area companies on the list.

No. 49 Quaise Energy, an MIT Energy Initiative spinout that’s developing a drilling system designed to convert existing power stations for geothermal power production
No. 71 Plus Power, which develops, owns and operates battery energy storage systems
No. 98 Utility Global, whose technology enables industrial decarbonization
No. 199 Solugen, whose technology converts plant-based feedstocks into carbon-negative chemicals
No. 215 Noodoe, which specializes in EV charging stations and software

Fervo says its approach to enhanced geothermal systems (EGS)—including horizontal drilling, AI-enabled drilling and exploration, advanced reservoir engineering, and fiber-optic sensing—demonstrates how validated technology can help deliver reliable zero-emission power.

“By applying drilling technology from the oil and gas industry, we have proven that we can produce 24/7 carbon-free energy resources in new geographies across the world,” Fervo co-founder and CEO Tim Latimer said last year.

Other recent recognitions for Fervo includes:

The 2025 Houston Innovation Awards named it Scaleup of the Year
MIT Technology Review put Fervo on its 2025 list of the 10 global climatech companies to watch
Time named Fervo one of the 100 Most Influential Companies of 2025
Fervo was hailed as the Global Cleantech Group 100 North American Company of the Year
Fervo was among Congruent Ventures’ and Silicon Valley Bank’s 50 by 2050 companies, all of which are poised to advance global decarbonization over a 25-year span

Just last month, Fervo secured $421 million in debt financing for the construction of its 500-megawatt Cape Station geothermal project in Utah. And in December, the company landed an oversubscribed $462 million Series E round of funding, pushing its valuation to an estimated $1.4 billion. Fervo filed for an IPO earlier this year.

3 strategies to strengthen the Gulf Coast as a global energy hub

The View from HETI

The Texas-Louisiana Gulf Coast is the backbone of America’s energy and chemical economy. Texas produces roughly 43% of U.S. crude oil and 28% of natural gas, while Texas and Louisiana together account for about half of the nation’s refining capacity, processing 9.3 million barrels of crude per day across 50 refineries. The region also produces approximately 80% of the nation’s primary petrochemicals and ships more than $117 billion in chemical products annually from Texas alone.

This unmatched concentration of refining, petrochemical manufacturing, pipelines, ports, and technical talent makes the Gulf Coast one of the most critical energy hubs in the world. But maintaining that leadership in a rapidly evolving global market will require intentional collaboration, faster technology commercialization, and strengthened supply chain resilience.

In fall 2025, the Greater Houston Partnership’s Houston Energy Transition Initiative (HETI) convened national laboratories, Gulf Coast universities, and industry leaders to examine how to reinforce the region’s long-term competitiveness. Participants included Argonne, Oak Ridge, Lawrence Berkeley, the National Energy Technology Laboratory (NETL), and the National Laboratory of the Rockies, alongside Gulf Coast academic institutions and energy and chemical companies. Here are the key findings and takeaways from the workshop.

1. Supply Chain Resilience Requires Structured Industry–Lab Collaboration

Resilience—diversity of supply, operational flexibility, and rapid recovery—was a recurring theme. Recent disruptions exposed vulnerabilities in tightly interconnected energy and manufacturing systems.

National laboratories provide capabilities that complement Gulf Coast industrial scale, particularly at early and mid technology readiness levels (TRLs 1–7), before full commercial deployment. Examples include:

Advanced manufacturing and AI-enabled validation of critical components (Oak Ridge).
Materials scale-up and techno-economic modeling to move from lab discovery to industrial relevance (Argonne).
Pilot-scale testing for severe-service alloys, chemical conversion, and process innovation (NETL).
Integrated energy systems modeling to assess grid resilience and system disruptions (National Laboratory of the Rockies).

Recommendation: Organize targeted Gulf Coast industry missions to national laboratories focused on critical supply chains—power equipment, high-heat industrial processes, novel catalysts, refining, and grid infrastructure—to identify joint development opportunities and reduce time to commercialization.

2. Modeling, AI, and Open-Access Platforms Can Bridge the Technology Gap

A persistent barrier to innovation is the gap between scientific discovery, applied development, and commercial deployment. Universities often operate at TRLs 1–3, national labs at 1–7, and industry at 7–9. Bridging these silos requires shared modeling tools, high-performance computing, and structured feedback loops.

National labs maintain open-access platforms capable of:

Simulating grid expansion, investment, and dispatch decisions.
Modeling cradle-to-gate industrial material flows.
Optimizing complex energy and chemical systems.
De-risking carbon capture, critical mineral recovery, and advanced manufacturing integration.

Recommendation: HETI should convene structured training and feedback sessions on these public modeling platforms—ensuring Gulf Coast industry can apply, improve, and help guide further development of tools critical to regional competitiveness. Federal initiatives such as the Genesis Mission, focused on AI-accelerated scientific discovery, further expand opportunities for Gulf Coast participation.

3. Time to Commercialization Is the Ultimate Competitive Metric

The lithium-ion battery is a cautionary example: while pioneered in U.S. labs, large-scale manufacturing leadership shifted overseas. Without strategic intervention, U.S. firms are projected to capture less than 30% of domestic lithium battery cell value by 2030.

Successful DOE-backed consortium models show that mission-aligned, multi-partner collaboration reduces development timelines and strengthens domestic manufacturing know-how. However, public–private partnership mechanisms such as CRADAs and Strategic Partnership Projects can be time-intensive.

Recommendation: The Gulf Coast should actively engage DOE and national laboratories to streamline public–private partnership pathways, improve intellectual property clarity, and expand industry access to laboratory infrastructure.

The Path Forward: A Gulf Coast Consortium Model
The workshop’s central conclusion was clear: the Gulf Coast should formalize collaboration through a regional industry–academia–laboratory consortium.

Such a model could:

Co-locate national lab researchers within the region.
Share modeling data and analytical capabilities.
Establish open-access pilot facilities that complement lab infrastructure.
Harmonize IP frameworks to accelerate licensing and deployment.

With its dense industrial ecosystem, technical workforce, and decision-making concentration, the Gulf Coast is uniquely positioned to serve as a national demonstration hub for advanced energy and chemical manufacturing.

If industry, universities, and national laboratories align around a shared regional strategy, the Gulf Coast can:

Accelerate commercialization timelines.
Strengthen critical supply chains.
Unleash a world-class technical workforce.
Reinforce U.S. leadership in strategic energy and chemical sectors.

———

This article originally appeared on the Greater Houston Partnership's Houston Energy Transition Initiative blog . A full report on the key learnings and recommendations from the workshop can be found here: https://bit.ly/4uEDEqk.

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