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.

The Supreme Court will not hear an appeal from oil and gas companies. Photo by Getty Images

Supreme Court declines to hear from oil and gas companies trying to block climate change lawsuits

The Supreme Court said Monday, January 13, it won’t hear an appeal from oil and gas companies trying to block lawsuits seeking to hold the industry liable for billions of dollars in damage linked to climate change.

The order allows the city of Honolulu's lawsuit against oil and gas companies to proceed. The city's chief resilience officer, Ben Sullivan, said it's a significant decision that will protect "taxpayers and communities from the immense costs and consequences of the climate crisis caused by the defendants’ misconduct.”

The industry has faced a series of cases alleging it deceived the public about how fossil fuels contribute to climate change. Governments in states including California, Colorado and New Jersey are seeking billions of dollars in damages from things like wildfires, rising sea levels and severe storms. The lawsuits come during a wave of legal actions in the U.S. and worldwide seeking to leverage action on climate change through the courts.

The oil and gas companies appealed to the Supreme Court after Hawaii's highest court allowed the lawsuit to proceed. The companies include Sunoco, Shell, Chevron, Exxon Mobil and BP, many of which are headquartered in Texas.

The companies argued emissions are a national issue that should instead be fought over in federal court, where they've successfully had suits tossed out.

“The stakes in this case could not be higher," attorneys wrote in court documents. The lawsuits “present a serious threat to one of the nation’s most vital industries.”

The American Enterprise Institute, a conservative think tank, said declining to hear the Honolulu case now means the companies could face more lawsuits from activists trying to “make themselves the nation's energy regulators.”

“I hope that the Court will hear the issue someday, for the sake of constitutional accountability and the public interest,” said Adam White, a senior fellow at the institute.

The Democratic Biden administration had weighed in at the justices' request and urged them to reject the case, saying it's fair to keep it in state court at this point — though the administration acknowledged that the companies could eventually prevail.

The incoming Republican Trump administration is expected to take a sharply different view of environmental law and energy production.

Honolulu argued it's made a strong case under state laws against deceptive marketing and it should be allowed to play out there. “Deceptive commercial practices fall squarely within the core interests and historic powers of the states,” attorneings wrote.

Environmental regulations, meanwhile, have not always fared well overall before the conservative-majority court. In 2022, the justices limited the Environmental Protection Agency’s authority to regulate carbon dioxide emissions from power plants. In June, the court halted the agency’s air-pollution-fighting “good neighbor” rule.

Justice Samuel Alito recused himself from consideration of the appeal. He did not specify a reason, but he owns stock in companies affected by the lawsuits, according to his most recent financial disclosure.

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Greentown and partners name 10 startups to carbontech accelerator

new cohort

The Carbon to Value Initiative (C2V Initiative)—a collaboration between Greentown Labs, NYU Tandon School of Engineering's Urban Future Lab and Fraunhofer USA—has announced 10 startup participants to join the fifth cohort of its carbontech accelerator.

The six-month accelerator aims to help cleantech startups advance their commercialization efforts through access to the C2V Initiative’s Carbontech Leadership Council (CLC). The invitation-only council consists of corporate and nonprofit leaders from organizations like Shell, TotalEnergies, XPRIZE, L’Oréal and others who “foster commercialization opportunities and identify avenues for technology validation, testing, and demonstration,” according to a release from Greentown

“The No. 1 reason startups engage with Greentown is to find customers, grow their businesses, and accelerate impact—and the Carbon to Value Initiative delivers exactly that,” Georgina Campbell Flatter, CEO of Greentown, said in a news release. “It’s a powerful example of how meaningful engagement between entrepreneurs and industry turns innovation into commercial traction.”

The C2V Initiative received more than 100 applications from 33 countries, representing a variety of carbontech innovations. The 10 startups chosen for the 2025 fifth cohort include:

Cambridge, Massachusetts-based Sora Fuel, which integrates direct-air capture with direct conversion of the captured carbon into syngas for production of sustainable aviation fuel
Brooklyn-based Arbon, which develops a humidity-swing carbon-capture solution by capturing CO₂ from the air or point-source without heat or pressure
New York-based Cella Mineral Storage, which works to develop subsurface mineralization technology with integrated software, enabling new ways to sequester CO2 underground
Germany-based ICODOS, which helps transform emissions into value through a point-source carbon capture and methanol synthesis process in a single, modularized system
Vancouver-based Lite-1, which uses advanced biomanufacturing processes to produce circular colourants for use in textiles, cosmetics and food
London-based Mission Zero Technologies, which has developed and deployed an electrified, direct-air carbon capture solution that employs both liquid-adsorption and electrochemical technologies
Kenya-based Octavia Carbon, which develops a solid-adsorption-based, direct-air carbon capture solution that utilizes geothermal heat
California-based Rushnu, which combines point-source carbon capture with chemical production, turning salt and CO2 into chlorine-based chemicals and minerals
Brooklyn-based Turnover Labs, which develops modular electrolyzers that transform raw, industrial CO2 emissions into chemical building blocks, without capture or purification
Ontario-based Universal Matter, which develops a Flash Joule Heating process that converts carbon waste such as end-of-life plastics, tires or industrial waste into graphene

The C2V Initiative is based on Greentown Go, Greentown’s open-innovation program. The C2V Initiative has supported 35 startups that have raised over $600 million in follow-on funding.

Read about the 2024 cohort here.

CenterPoint gets go-ahead for $2.9B upgrade of Houston grid

grid resiliency

Texas utility regulators have given the green light for Houston-based CenterPoint Energy to spend $2.9 billion on strengthening its Houston-area electric grid to better withstand extreme weather.

The cost of the plan is nearly $3 billion below what CenterPoint initially proposed to the Public Utility Commission of Texas.

In early 2025, CenterPoint unveiled a $5.75 billion plan to upgrade its Houston-area power system from 2026 through 2028. But the price tag dropped to $2.9 billion as part of a legal settlement between CenterPoint and cities in the utility’s service area.

Sometime after the first quarter of next year, CenterPoint customers in the Houston area will pay an extra $1 a month for the next three years to cover costs of the resiliency plan. CenterPoint serves 2.9 million customers in a 12-county territory anchored by Houston.

CenterPoint says the plan is part of its “commitment to building the most resilient coastal grid in the country.”

A key to improving CenterPoint’s local grid will be stepping up management of high-risk vegetation (namely trees), which ranks as the leading cause of power outages in the Houston area. CenterPoint says it will “go above and beyond standard vegetation management by implementing an industry-leading three-year trim cycle,” clearing vegetation from thousands of miles of power lines.

The utility company says its plan aims to prevent Houston-area power outages in case of hurricanes, floods, extreme temperatures, tornadoes, wildfires, winter storms, and other extreme weather events.

CenterPoint says the plan will:

Improve systemwide resilience by 30 percent
Expand the grid’s power-generating capacity. The company expects power demand in the Houston area to grow 2 percent per year for the foreseeable future.
Save about $50 million per year on storm cleanup costs
Avoid outages for more than 500,000 customers in the event of a disaster like last year’s Hurricane Beryl
Provide 130,000 stronger, more storm-resilient utility poles
Put more than 50 percent of the power system underground
Rebuild or upgrade more than 2,200 transmission towers
Modernize 34,500 spans of underground cables

In the Energy Capital of the World, residents “expect and deserve an electric system that is safe, reliable, cost-effective, and resilient when they need it most. We’re determined to deliver just that,” Jason Wells, president and CEO of CenterPoint, said in January.

Solidec partners with Australian company for clean hydrogen peroxide pilot

rare earth pilot

Solidec has partnered with Australia-based Lynas Rare Earth, an environmentally responsible producer of rare earth oxides and materials, to reduce emissions from hydrogen peroxide production.

The partnership marks a milestone for the Houston-based clean chemical manufacturing startup, as it would allow the company to accelerate the commercialization of its hydrogen peroxide generation technology, according to a news release.

"This collaboration is a major milestone for Solidec and a catalyst for sustainability in rare earths," Yang Xia, co-founder and CTO of Solidec, said in the release. "Solidec's technology can reduce the carbon footprint of hydrogen peroxide production by up to 90%. By combining our generators with the scale of a global leader in rare earths, we can contribute to a more secure, sustainable supply of critical minerals."

Through the partnership, Solidec will launch a pilot program of its autonomous, on-site generators at Lynas's facility in Australia. Solidec's generators extract molecules from water and air and convert them into carbon emission-free chemicals and fuels, like hydrogen peroxide. The generators also eliminate the need for transport, storage and permitting, making for a simpler, more efficient process for producing hydrogen peroxide than the traditional anthraquinone process.

"Hydrogen peroxide is essential to rare earth production, yet centralized manufacturing adds cost and complexity," Ryan DuChanois, co-founder and CEO of Solidec, added in the release. "By generating peroxide directly on-site, we're reinventing the chemical supply chain for efficiency, resilience, and sustainability."

The companies report that the pilot is expected to generate 10 tons of hydrogen peroxide per year.

If successful, the pilot would serve as a model for large-scale deployments of Solidec's generators across Lynas' operations—and would have major implications for the high-performance magnet, electric vehicles, wind turbine, and advanced electronics industries, which rely on rare earth elements.

"This partnership with Solidec is another milestone on the path to achieving our Towards 2030 vision," Luke Darbyshire, general manager of R&I at Lynas, added. "Working with Solidec allows us to establish transformative chemical supply pathways that align with our innovation efforts, while contributing to our broader vision for secure, sustainable rare earth supply chains."

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