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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Solidec secures pre-seed funding from Houston VC firm

fresh funding

Houston-based Flathead Forge Fund 1 has invested in Houston startup Solidec, which specializes in modular onsite chemical manufacturing.

The investment was part of Solidec’s recent round of more than $2 million in pre-seed funding. The amount of Flathead Forge’s investment wasn’t disclosed.

“Flathead Forge brings exactly the kind of domain-specific capital and operational network that a company at our stage needs. Their focus on water and critical minerals makes this a genuinely strategic relationship,” Ryan DuChanois, co-founder and CEO of Solidec, said in a news release.

Other investors in the round included New Climate Ventures, Collaborative Fund, Echo River Capital, Ecosphere Ventures, Plug and Play Ventures, Safar Partners and Semilla Climate Capital.

Solidec produces industrial chemicals, including hydrogen peroxide, formic acid and acetic acid, using only air, water and electricity. Its modular reactors eliminate the need for energy-intensive production and long-haul distribution.

“Solidec’s platform cuts cost, emissions, and supply-chain fragility at the source,” Douglas Lee, managing director of Flathead Forge, added in the statement.

DuChanois said in an email that the company plans to use the funding to "scale (its) modular chemical manufacturing platform."

Solidec recently announced a pilot project with Lynas Rare Earths, the world’s only commercial producer of separated light and heavy rare earth oxides outside China, for production of hydrogen peroxide for a Lynas facility in Australia.

Solidec, a member of Greentown Labs Houston, spun out of associate professor Haotian Wang’s lab at Rice University in 2024. Wang focuses on developing new materials and technology for energy and environmental uses, such as energy storage and green synthesis.

Greentown Labs names new COO, appoints new Head of Houston

new leaders

Greentown Labs has reshuffled its leadership, elevating Houston leaders into new roles.

Lawson Gow was named COO of the Houston- and Boston-based climatech incubator in February 2026. In his new role, he will focus on optimizing Greentown's structure, building new internal and external systems and developing a plan for growth.

Gow was named Head of Houston in July. He previously founded The Cannon, a coworking space with eight locations in the Houston area, with additional partner spaces. He also recently served as managing partner at Houston-based investment and advisory firm Helium Capital. Gow is the son of David Gow, founder of Energy Capital's parent company, Gow Media.

Kelsey Kearns, who previously served as Director of Community Strategy at Greentown, was named as Gow's replacement in the Houston-focused role. As the new Head of Houston, she will lead daily operations, work to connect the city's climate and innovation ecosystem and founders, strengthen partnerships and accelerate solutions.

"I'm honored and grateful to step into this new role," Kearns said in an email. "My goal is for Greentown to thrive so our founders can thrive! That means supporting their connection to the capital, pilots, and customers they need to grow while building partnerships across Houston's innovation ecosystem. I want Greentown Houston to become the playbook for every future Greentown expansion."

Before joining Greentown Houston, Kearns served as director of business development at Howdy.com, an Austin-based technology staffing company.

"Kelsey is such a perfect fit to lead Greentown Houston," Gow added in an email. "She's deeply passionate about the entrepreneurial community here and has worked throughout and across the ecosystem for years. She's built an awesome dream team here and has helped reinvigorate Greentown's presence and role in Houston's innovation economy."

Earlier this year, Greentown also named Julia Travaglini as the Head of its Boston incubator. Travaglini has held multiple leadership roles at Greentown since 2016. The organization named Georgina Campbell Flatter as its new CEO in early 2025.

Texas sees 5th highest surge in gas prices in the U.S. since 2025

Pay at the Pump

Residents all around Texas are seeing soaring prices for regular and diesel fuel in 2026.

In fact, the Lone Star State has seen the fifth-highest percentage increase in gas prices in the country from April 2025 to April 2026, a just-released SmartAsset study has found. The current cost of a regular gallon of gas is 36.1 percent higher now than it was a year ago, and diesel is 60.9 percent more expensive.

The report, "Gas Prices Hit Records in 2026: State by State Breakdown," compared average gas prices from AAA from April 1, 2025 and April 1, 2026 and calculated the one-year change across all 50 states. The study looked at the price of a gallon of regular, premium, and diesel.

According to AAA, the cost of a regular gallon of gas in Texas at the start of April was $3.77, while premium is $4.62 per gallon. Diesel ticked over $5 a gallon — ouch — at $5.11.

Houston gas prices aren't much cheaper than the statewide average. A gallon of regular costs up to $3.76 at some Houston-area pumps, and diesel is $5.05 per gallon. AAA says the highest recorded average price for gas in the city was in June 2022, when a gallon of regular cost $4.68 and diesel cost $5.24.

Though Texas' gas prices are continuing to climb, it ranks 35th in the national ranking of states with the highest cost for regular gas as of April 2026. Texas' diesel prices are the 14th highest nationwide.

With the national average price for gas at $4.06, SmartAsset said the sudden surge in prices can be attributed to the United States' war on Iran, and "subsequent pressure on the Strait of Hormuz."

"Many states have experienced a 33 percent year-over-year increase in the cost of a gallon of regular gas – and in some places it’s even higher," the report's author wrote. "Commercial and public programs may be feeling similarly pinched, with diesel prices upwards of $6.00 per gallon in many states."

California currently has the highest average price for regular and diesel — $5.89 per gallon and $7.52 per gallon, respectively.

Arizona leads the nation with the highest one-year increase in gas prices. Regular gas in the Grand Canyon State is nearly 38 percent more expensive than it was last year, at $4.70 per gallon, and diesel is about 69 percent higher at $6.04 for a gallon.

The state with the cheapest gas prices in April is Oklahoma, where regular costs $3.27 per gallon, premium is $3.97, and diesel is $4.49.

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This article originally appeared on CultureMap.com.

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