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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ENGIE inks deal to supply wind energy for Oracle’s Texas operations

wind deal

Houston-based renewable energy company ENGIE North America has made a deal to supply up to 568 megawatts of renewable electricity for tech giant Oracle's projects in Texas.

The power will come from ENGIE’s wind resources serving the Electric Reliability Council of Texas (ERCOT) grid. Oracle is developing data centers in Abilene and Shackelford, Texas, according to its website.

The Oracle deal is part of ENGIE’s efforts to bring substantial new electricity supply to the grid. In the past six years, ENGIE has developed 12 gigawatts of new renewable generation and battery storage capacity in North Americas, equaling $11 billion in capital, according to the company.

"Our customers are looking for reliable, scalable energy solutions that can support long-term growth," Anne-Laure Chassanite, interim CEO of ENGIE North America, said in a news release. "ENGIE has invested heavily in developing new generation resources across North America, and we're pleased to support Oracle as it continues to expand its operations in Texas. These agreements reflect the strength of our portfolio and our ability to deliver customized energy solutions that help customers meet their business objectives.”

Computer technology and cloud computing company Oracle is working towards its goal to match 100 percent of AI data center electricity use with carbon-free electricity by 2035.

"Oracle is taking a responsible approach to meeting the energy needs of our growing AI and cloud operations in Texas — investing in carbon-free electricity without shifting costs to consumers," Julia Robin, head of infrastructure planning and sourcing for Oracle Cloud Infrastructure, added in the release. "Our agreements with ENGIE advance Oracle's goal to match 100 percent of our AI data center electricity use with carbon-free electricity by 2035, while supporting long-term economic growth with no cost impact to the state of Texas.”

ENGIE also recently won the 2026 Green Power Leadership Award in the Market Innovation category for its work advancing 24/7 renewable energy solutions. The awards honor individuals and companies advancing sustainability and renewables in the energy industry through innovation and leadership.

The company has inked major deals to supply renewable energy to other major companies like Meta, Daikin and others.

Houston energy and innovation leaders come together at Argonne National Laboratory

The view from heti

Nearly 20 companies from Houston, ranging from global multinationals to innovative startups, joined the team at Argonne National Laboratory in Lemont, Illinois, for a full day of meetings, discussions, and networking focused on advancing innovation, commercialization, and industry collaboration.

The fly-in organized by the Houston Energy Transition Initiative, provided a unique opportunity for companies to engage directly with Argonne researchers, technical experts, and leadership while gaining a deeper understanding of the laboratory’s world-class capabilities. Participants explored how national laboratories can help bridge the gap between breakthrough research and commercial deployment, particularly in areas critical to U.S. competitiveness and economic growth.

The significance of this engagement extends beyond a single visit. While the U.S. Department of Energy operates 17 national laboratories, none is located along the Gulf Coast, a region uniquely home to industry, infrastructure, and energy systems at commercial scale. HETI’s continued work with the national laboratories helps bridge that geographic and operational gap by connecting world-class scientific research with companies that understand how to scale and deploy technologies. The Argonne fly-in also created space to address practical barriers to collaboration, including complex agreements and lengthy contracting timelines, and to explore ways to establish partnership frameworks more efficiently.

Explore HETI’s key takeaways from the fly-in:

1. Scaling Technologies for Commercial Use

A central theme was the importance of scale-up infrastructure and the role Argonne plays in helping companies reduce technical and manufacturing risks. Participants learned how facilities such as the Materials Engineering Research Facility (MERF) support the transition from laboratory discoveries to pilot-scale production and ultimately commercial manufacturing. These capabilities are especially valuable for companies working to move promising technologies from concept to market.

The discussions also highlighted Argonne’s extensive work in critical materials, battery recycling, advanced manufacturing, and supply chain resilience. Attendees learned about initiatives including the ReCell Center, AI-enabled materials discovery, and advanced modeling tools that can help businesses understand supply chain vulnerabilities and evaluate mitigation strategies. These capabilities have applications across energy, chemicals, manufacturing, semiconductors, defense, and emerging technologies.

2. Creating Pathways for Collaboration

Another key takeaway was the importance of engaging early. Companies do not need to arrive with a fully developed project or solution. Argonne offers multiple pathways for collaboration, including sponsored research, user facility access, technology licensing, pilot-scale testing, and Cooperative Research and Development Agreements (CRADAs). These partnerships help companies access specialized expertise, facilities, and analytical tools that can accelerate innovation and commercialization

3. Building Connections Across Industry and Research

The fly-in reinforced the value of relationship building. Bringing together nearly 20 organizations in one place created meaningful opportunities for collaboration, knowledge sharing, and identifying future projects.

The conversations throughout the day demonstrated a shared commitment to strengthening domestic innovation, developing resilient supply chains, and creating pathways to bring new technologies to market.

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This article originally appeared on the Greater Houston Partnership's Houston Energy Transition Initiative blog. HETI exists to support Houston's future as an energy leader. Learn more about HETI’s role in advancing solutions and building partnerships to leverage Houston’s industry leadership for an energy-abundant, low-carbon future.

Fervo produces first geothermal power at flagship Utah project

energy milestone

Fervo Energy’s flagship project in Utah just generated its first geothermal power.

The electricity is now flowing to the power grid from one of Cape Station’s three generation units, Houston-based Fervo said in a news release. This represents an early but important milestone for the project, as the unit isn’t scheduled to deliver contracted power until Oct. 1.

The achievement, coming four months after Fervo’s roughly $2.2 billion IPO, demonstrates the viability of enhanced geothermal systems (EGS).

“This is a gamechanger for the geothermal industry. It establishes EGS as the defining new power generation technology of our time, and we believe it shows that the commercial and technical maturity of EGS is ready to meet the urgent need for reliable, clean power,” Tim Latimer, co-founder and CEO of Fervo, said in the release.

The plant’s two other units are scheduled to launch commercial operations on Jan. 1.

The three units make up the project’s 99-megawatt first phase. The next phase, which will add 400 megawatts of capacity, is under construction. The second phase is set to go online in 2028.

Altogether, Cape Station will provide more than 4 gigawatts of capacity, with 900 megawatts already spoken for. The 900 megawatts of contracted electricity would be enough to power nearly 1 million U.S. homes per year.

“Cape Station works because we treated the subsurface like an engineering challenge,” Jack Norbeck, co-founder and chief technology officer of Fervo, added in the release. “Years of drilling, completion design, subsurface modeling, and flow testing led to this moment, and this is the validation that matters most.”

Enhanced geothermal continuously draws on heat that’s deep underground, producing electricity around the clock regardless of weather or time of day. That makes it one of the only carbon-free resources capable of constant power delivery, which is critical for data centers and AI infrastructure.

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