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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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ERCOT steps up grid innovation efforts to support growing power demand

grid boost

As AI data centers gobble up more electricity, the Electric Reliability Council of Texas (ERCOT) — whose grid supplies power to 90 percent of Texas — has launched an initiative to help meet challenges presented by an increasingly strained power grid.

ERCOT, based in the Austin suburb of Taylor, said its new Grid Research, Innovation, and Transformation (GRIT) initiative will tackle research and prototyping of emerging technology and concepts to “deeply understand the implications of rapid grid and technology evolution, positioning ERCOT to lead in the future energy landscape.”

“As the ERCOT grid continues to rapidly evolve, we are seeing greater interest from industry and academia to collaborate on new tools and innovative technologies to advance the reliability needs of tomorrow’s energy systems,” ERCOT President and CEO Pablo Vegas said in a news release. “These efforts will provide an opportunity to share ideas and bring new innovations forward, as we work together to lead the evolution and expansion of the electric power grid.”

In conjunction with the GRIT initiative, ERCOT launched the Research and Innovation Partnership Engagement (RIPE) program. The program enables partners to work with ERCOT on developing technology aimed at resolving grid challenges.

To capitalize on ideas for grid improvements, the organization will host its third annual ERCOT Innovation Summit on March 31 in Round Rock. The summit “brings together thought leaders across the energy research and innovation ecosystem to explore solutions that use innovation to impact grid transformation,” ERCOT said.

“As the depth of information and industry collaboration evolves, we will continue to enhance the GRIT webpages to create a dynamic and valuable resource for the broader industry to continue fostering strong collaboration and innovation with our stakeholders,” said Venkat Tirupati, ERCOT’s vice president of DevOps and grid transformation.

ERCOT’s GRIT initiative comes at a time when the U.S. is girding for heightened demand for power, due in large part to the rise of data centers catering to the AI boom.

A study released in 2024 by the Electric Power Research Institute (EPRI) predicted electricity for data centers could represent as much as 9.1 percent of total power usage in the U.S. by 2030. According to EPRI, the share of Texas electricity consumed by data centers could climb from 4.6 percent in 2023 to almost 11 percent by 2030.

A report issued in 2024 by the federal government’s Lawrence Berkeley National Laboratory envisions an even faster increase in data-center power usage. The report projected data centers will consume as much as 12 percent of U.S. electricity by 2028, up from 4.4 percent in 2023.

In 2023, the EPRI study estimated, 80 percent of the U.S. electrical load for data centers was concentrated in two states, led by Virginia and Texas. The University of Texas at Austin’s Center for Media Engagement reported in July that Texas is home to 350 data centers, second only to Virginia.

“The U.S. electricity sector is working hard to meet the growing demands of data centers, transportation electrification, crypto-mining, and industrial onshoring, while balancing decarbonization efforts,” David Porter, EPRI’s vice president of electrification and sustainable energy strategy, said. “The data center boom requires closer collaboration between large data center owners and developers, utilities, government, and other stakeholders to ensure that we can power the needs of AI while maintaining reliable, affordable power to all customers.”

Policy adviser tapped to lead ‘nuclear renaissance’ in Texas

going nuclear

As Texas places a $350 million bet on nuclear energy, a budget and policy adviser for Gov. Greg Abbott has been tapped to head the newly created Texas Advanced Nuclear Energy Office.

Jarred Shaffer is now director of the nuclear energy office, which administers the $350 million Texas Advanced Nuclear Development Fund. The fund will distribute grants earmarked for the development of more nuclear reactors in Texas.

Abbott said Shaffer’s expertise in energy will help Texas streamline nuclear regulations and guide “direct investments to spur a flourishing and competitive nuclear power industry in the Lone Star State. Texas will lead the nuclear renaissance.”

The Texas Nuclear Alliance says growth of nuclear power in the U.S. has stalled while China and Russia have made significant gains in the nuclear sector.

“As Texas considers its energy future, the time has come to invest in nuclear power — an energy source capable of ensuring grid reliability, economic opportunity, and energy and national security,” Reed Clay, president of the alliance, said.

“Texas is entering a pivotal moment and has a unique opportunity to lead. The rise of artificial intelligence and a rebounding manufacturing base will place unprecedented demands on our electricity infrastructure,” Clay added. “Meeting this moment will require consistent, dependable power, and with our business-friendly climate, streamlined regulatory processes, and energy-savvy workforce, we are well-positioned to become the hub for next-generation nuclear development.”

Abbott’s push for increased reliance on nuclear power in Texas comes as public support for the energy source grows. A 2024 survey commissioned by the Texas Public Policy Institute found 55 percent of Texans support nuclear energy. Nationwide support for nuclear power is even higher. A 2024 survey conducted by Bisconti Research showed a record-high 77 percent of Americans support nuclear energy.

Nuclear power accounted for 7.5 percent of Texas’ electricity as of 2024, according to the Nuclear Energy Institute, but made up a little over 20 percent of the state’s clean energy. Currently, four traditional reactors produce nuclear power at two plants in Texas. The total capacity of the four nuclear reactors is nearly 5,000 megawatts.

Because large nuclear plants take years to license and build, small factory-made modular reactors will meet much of the shorter-term demand for nuclear energy. A small modular reactor has a power capacity of up to 300 megawatts. That’s about one-third of the generating power of a traditional nuclear reactor, according to the International Atomic Energy Agency.

A report from BofA Global Research predicts the global market for small nuclear reactors could reach $1 trillion by 2050. These reactors are cheaper and safer than their larger counterparts, and take less time to build and produce fewer CO2 emissions, according to the report. Another report, this one from research company Bloomberg Intelligence, says soaring demand for electricity — driven mostly by AI data centers — will fuel a $350 billion boom in nuclear spending in the U.S., boosting output from reactors by 63 percent by 2050.

Global nuclear capacity must triple in size by 2050 to keep up with energy demand tied to the rise of power-gobbling AI data centers, and to accomplish decarbonization and energy security goals, the BofA report says. Data centers could account for nine percent of U.S. electricity demand by 2035, up from about four percent today, according to BloombergNEF.

As the Energy Capital of the World, Houston stands to play a pivotal role in the evolution of small and large nuclear reactors in Texas and around the world. Here are just three of the nuclear power advancements that are happening in and around Houston:

Houston is poised to grab a big chunk of the more than 100,000 jobs and more than $50 billion in economic benefits that Jimmy Glotfelty, a former member of the Texas Public Utility Commission, predicts Texas will gain from the state’s nuclear boom. He said nuclear energy legislation signed into law this year by Abbott will provide “a leg up on every other state” in the race to capitalize on the burgeoning nuclear economy.

“Everybody in the nuclear space would like to build plants here in Texas,” Inside Climate News quoted Glotfelty as saying. “We are the low-regulatory, low-cost state. We have the supply chain. We have the labor.”

6 must-attend Houston energy transition events in October 2025

Must-Attend Meetings

Editor's note: October is here, and there are many energy events to plug into in Houston this month. From summits and forums to global conferences, there are the energy events to put on your calendar. Learn more below, and register now.

Oct. 7-8: Annual Energy Summit — Resilience in Energy Supply Chains

The ninth annual energy summit is co-hosted by Baker Botts and the Center for Energy Studies at Rice University's Baker Institute. This year's theme, “Resilience in Energy Supply Chains,” will focus on what is shaping the future of energy, and how markets, innovation, and economic growth will define the evolution of global energy supply chains.

This two-day event begins Oct. 7 at Rice University's Baker Institute for Public Policy. The event will also be livestreamed. Get tickets here.

Oct. 14: Current Trends in the Energy Industry

Join SABA and Vinson & Elkins LLP for an evening filled with insightful discussions and networking opportunities for seasoned professionals and those new to the energy industry. Learn from experts about the latest developments in the energy industry, sustainability efforts, and new policies shaping the future.

This event takes place at 6 pm at Vinson & Elkins LLP headquarters. Get tickets here.

Oct. 14-16: SAF North America

The leading event for the sustainable aviation fuel ecosystem is taking place in Houston, America’s fuel and energy hub. SAF North America brings together the SAF value chain under one roof for three days of high-level discussion. Attendees of the conference will hear from leading experts, who will provide insights on the aviation industry and discuss SAF scale-up, energy security, and pathways to decarbonize aviation in North America. There will also be dynamic exhibitions and networking opportunities.

This event begins Oct. 14 at the Marriott Marquis. Register here.

Oct. 16: Future of Global Energy Conference

The Future of Global Energy Conference, presented by Shell USA, Inc., brings together leaders from across industry, academia, and government to explore the forces shaping the future of energy. Houston is leading the way in the energy sector, leveraging its deep industry expertise, unmatched energy ecosystem, and spirit of innovation. The 2025 conference will spotlight Houston’s ongoing leadership in policy, technology development, and project execution that position the region for long-term success.

This event begins at 8:30 am at Hilton Americas. Register here.

Oct. 21-23: Energy Independence Summit

At Infocast’s inaugural Energy Independence Summit, top leaders across energy, finance, and policy will convene to evaluate where the energy market is headed next. Attendees will gain critical insights into how capital is being deployed, which technologies are emerging as the most viable under OBBBA, how domestic supply chains are affecting costs and timelines, and what regulatory levers may help stabilize the sector. The summit will feature 100 speakers, 24 sessions, networking opportunities, and more.

This event takes place Oct. 21 at the C. Baldwin, Curio Collection by Hilton. Register here.

Oct. 29: 2025 Global Energy Summit

Hosted by the World Affairs Council of Greater Houston, the Global Energy Summit examines the dynamic forces shaping today’s energy landscape. Attendees will engage with a diverse set of industry experts and global thought leaders on the future of energy security, access, and technological advancement. Opening remarks will be made by Cristina Saenz de Santa Maria, COO Maritime of DNV, followed by panel discussions featuring speakers from DNV, Accenture, Amazon Web Services, Center for Houston’s Future, Siemens, SLB, and NRG.

This event begins at 5 pm on Oct. 29 at the Omni Houston. Get tickets here.

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