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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New 160MW battery storage project comes online in Houston

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Colorado-based energy storage company SMT Energy and North Carolina-based software company FlexGen have begun operations of Houston IV, a 160-megawatt utility-scale battery storage facility that aims to support the ERCOT grid.

The companies delivered the project in just six weeks, according to a news release. Mississippi-based Irby Construction Company served as the engineering, procurement, and construction (EPC) partner, and CenterPoint Energy will serve as the interconnecting utility.

“FlexGen’s distinctive combination of software automation, our remote operations center, and on-the-ground field expertise all work together to accelerate battery deployment,” Jason Rislov, SVP of operations at FlexGen, said in the release. “What used to take 25-plus weeks took us six. That time saved translates directly into giving the grid and consumers what they need most right now: a more reliable, resilient energy system.”

Houston IV is one of more than 12 projects that SMT and FlexGen have built to connect to ERCOT, according to Energy Storage News.

“Bringing a 160-MW battery storage facility online in just six weeks required disciplined planning, seamless coordination, and an unwavering focus on safety and quality,” Shaun Coleman, project manager at Irby Construction, said in a news release. “The SMT Energy, FlexGen, and Irby Construction teams coordinated engineering, procurement, and construction to keep every workstream aligned, identify challenges early, and maintain safety and quality at an accelerated pace. That integration is critical, not only to delivering projects quickly, but also to ensuring battery storage facilities perform reliably over the long term.”

Houston IV is expected to store and provide enough electricity to power 8,800 homes in Texas annually. In March, SMT Energy secured $135 million in funding for the project from Macquarie and KeyBanc Capital Markets as joint lead arrangers. SMT and FlexGen broke ground to signal the start of the process in May.

In 2023, SMT Energy and joint venture partner SUSI Partners also announced plans to add 10 battery storage projects to Texas, which would double capacity from 100 megawatts to 200 megawatts in the Houston and Dallas areas.

Meet the 80+ startups pitching at Houston Energy and Climate Week

Pitch Lineup

One of the highlights from Houston Energy and Climate Week is hearing directly from the up-and-coming founders working to reshape the energy landscape.

This year, dozens of startups from Brazil to Berkeley and from right here in the Bayou City will compete for cash prizes and bragging rights while showcasing their concepts at HECW pitch events. Here's who's pitching at some of the week's signature competitions. Check back after the week wraps to see who takes home the top prizes.

Cypher Pilotathon and Startup Showcase — Sept. 15 at POST Houston

At the Cypher Pilotathon, founders will give their best 7-minute pilot pitches to industry experts and a live audience, followed by Q&A. This year's event will center around the theme, "The NEW Energy Industrial Revolution." Here's who's pitching:

  • Houston-based Aeromine Technologies, a distributed wind turbine company
  • San Francisco-based Ammobia, which develops low-carbon, energy source-agnostic ammonia
  • Birmingham, Alabama-based Ashipa Electric, a renewable energy semiconductor and microgrid manufacturer
  • Houston-based BigMachine AI, an AI engineer for industrial projects
  • Houston-based Corrolytics, which has developed corrosion detection technology
  • São Paulo, Brazil-based GLR Tech, which has developed a compact, scalable, low-cost platform for industrial emissions control
  • Monreal-based Green Graphite Technologies, which produces battery-grade graphite in a cost-effective and sustainable manner
  • Boston-based KIRA, which converts industrial wastewater into ultrapure water and solids
  • Edinburgh-based Mocean Energy, which works to deliver renewable ocean energy to power offshore industry
  • Los Angeles-based Mote, which works to convert agricultural and forestry waste into clean energy
  • Berkeley-based Oleo, which is developing a biomanufacturing platform to transform biomass waste into carbon-negative, cost-competitive oil feedstocks for advanced fuels
  • Oslo, Norway-based OTee, an automation machinery manufacturer
  • Houston-based Resollant, which is working to produce battery-grade graphite and ultra-low-cost hydrogen
  • Tulsa-based RyuGen Energy Solutions Inc., which works to turn underused commercial power into distributed AI infrastructure
  • Berkeley-based Sunchem, which provides precision separation of critical metals from sources including e-waste, evaporator scrap, solar panels, and mining ores and concentrates

Twenty-two other startups will participate in the startup showcase. See the full list here.

Greentown Climatetech Summit — Sept. 16 at the Continental Club

Ten Greentown startups will compete for $25,000 in prizes at Greentown Climatetech Summit's signature pitch event. Judges include Dave Dreessen, of Chevron Technology Ventures’ Future Energy Fund, and Jon Greene, of New Climate Ventures. Here's who's pitching:

  • Houston-based AMPeers, which manufactures high-temperature superconducting wire for high-power electrification infrastructure
  • Detroit-based AmHyTech, which enables ambient-condition liquid ammonia handling for fertilizer and fuel applications
  • Houston- and Zurich-based Biosimo, which converts biomass-based ethanol into lower-carbon acetic acid and acetyls
  • Houston-based Capwell Services Inc., which captures methane from low-flow oil and gas vents and returns it to market
  • Cleveland- and Ghana-based Cocoa Potash, which extracts potassium carbonate and fertilizer from cocoa, coconut, and palm-nut waste
  • Houston-based Solidec, which electrolyzes air, water, and electricity into onsite hydrogen peroxide.
  • Houston-based Focis AI, which converts industrial laser scans into a queryable digital twin of refineries and plants
  • Calgary-based Kanin Energy, which develops and finances waste heat to power projects for industrial clients
  • San Francisco-based FelixFusion, which models grid connection points so developers can validate interconnection in minutes
  • Houston-based Pike Robotics, which deploys its Wall-Eye robot to inspect hazardous tanks without taking assets offline

TEX-E Student Innovators will also pitch earlier in the day-long event, and an additional five Greentown startups will compete for $1,000 during the Lightning Pitch Competition. Find more information here.

Rice Alliance Energy Tech Venture Forum — Sept. 17 at Rice University’s Jones Graduate School of Business

Houston-based companies Aquanta Vision, Capwell Services and Deep Anchor Solutions will be joined by startups from around the world to compete to be named one of the 10 Most Promising Companies at the 23rd Energy Tech Venture Forum. Additional companies will participate in office hours.

See the full list of nearly 50 companies pitching here.

Halliburton Labs Pitch Day — Sept. 18 at the Ion

Halliburton Labs Pitch Day brings together a curated group of early‑stage energy technology investors and 16 participating companies. The event is invitation‑only. Here's who's pitching:

  • Australia-based Aquafortus, which has developed a non-thermal liquid to liquid desalination technology for resource recovery from wastewater brine
  • Calgary-based Ayrton Energy, which has developed a proprietary technology that enables hydrogen to be stored within an organic liquid, which can be handled and transported like gasoline
  • Illinois-based Cache Energy, which is developing electrified heat and long-term energy storage
  • New York-based Cella, which is working to advance subsurface mineralization of CO2
  • Miami-based Chemergy, which has developed a patented process to convert wet organic and plastic wastes into green hydrogen
  • Tennessee-based Enexor BioEnergy, which is developing on-site waste-to-bioenergy conversion systems
  • Reno-based Espiku, which focuses on water and minerals recovery from industrially produced water
  • UK-based LiNa Energy, which is developing low-cost, solid-state sodium battery technology
  • Michigan-based Marel Power Solutions, which is developing advanced cooling technology to redefine power-stacks
  • California-based Mitico, which is developing technology to collect and purify carbon dioxide at the source, post-combustion, before it enters the atmosphere
  • Singapore-based Nandina REM, which turns end-of-life assets into new, reliable, high-performance carbon fiber materials for the aviation, aerospace and defense industries
  • California-based Noon Energy, which is developing a 100-plus-hour ultra-long-duration battery storage
  • Silicon Valley-based Proof Energy, which is commercializing next-generation metallic solid oxide fuel cell (M-SOFC) technology.
  • Berkeley-based Sunchem, which provides precision separation of critical metals from sources including e-waste, evaporator scrap, solar panels, and mining ores and concentrates
  • Singapore-based Sungreen, an advanced materials company pioneering nanotechnology-based coatings for high-efficiency, low-cost electrodes
  • Minneapolis-based Syncris, which is developing next-generation modular power systems designed for the most demanding environments
Read more about Houston Energy and Climate Week and its programming in Energy Capital's event preview.

KBR's Mission Technology Solutions spinoff awarded $1.1B NOAA contract

A Big Deal

Amid a major spinoff, Houston-based KBR's Mission Technology Solutions business has been awarded a five-year contract for up to $1.1 billion from NOAA’s National Weather Service to help predict and combat extreme weather conditions.

Under the follow-on Commercial Data Program National Mesonet Program (CDP NMP) contract, KBR will provide weather and observational data from commercial stations, university and research campuses, and other non-federal providers nationwide. The information collected will assist in predicting severe temperatures and high-impact weather conditions like extreme storms.

"This award underscores KBR's proven track record of delivering vital data that strengthens national forecasting capabilities," Todd May, KBR’s senior vice president of Mission Technology Solutions, said in a news release.

According to a separate release from NOAA, the contract expands upon KBR's existing relationship with the agency. KBR will work with about 70 private industry partners on services such as data recording, collection, aggregation and processing, and will lead the CDP NMP's "network of networks."

“NOAA gathers environmental information from a wide variety of sources, and a growing list of private industry partners have joined our agency to collect this vital data,” Ken Graham, director of NOAA’s National Weather Service, said in the release. “This agreement streamlines the process that turns raw data into the gold-standard forecasts that Americans depend on.”

KBR will utilize its Speed to Mission ImpactSM technology for the project to supply data from across regions, measurement types, and system configurations. Both KBR and NOAA say the expanded data collection contract will help the agency create more accurate and timely forecasts, particularly for severe weather and extreme events, while also creating a path for new weather-observation technologies.

KBR has supported the CDP NMP for more than nine years. The program will be managed in Greenbelt, Maryland.

"We're driving expanded integration of commercial sensor and data sources into this platform and are honored to know our work helps forecasters give their communities earlier warnings and more time to prepare for dangerous weather,” May added in a release.

KBR’s Mission Technology Solutions business will be rebranded as Trinzic after its planned spin-off, the company announced last month. The spin-off is expected to close in January 2027.

Trinzic will work as an independent, publicly traded company focused on technology and engineering services for the space and national security sector. KBR will remain a separate publicly traded company that will focus on sustainable technology and services to support the energy transition.

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This article originally appeared on InnovationMap.com.