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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Houston-area plastics company debuts state-of-the-art headquarters

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Ultra-high-performance plastics company Drake Plastics officially opened its new state-of-the-art, 140,000-square-foot manufacturing center and corporate office in Cypress last month.

Dubbed “Drake HQ, ” the new facility was built to align with Harris County’s clean energy goals and features a 1.3-megawatt solar generation plant designed to offset 50 percent of the plant’s power consumption.

The facility is designed as a “factory ranch,” and is intended to blend in with its natural surroundings. With the expanded campus, Drake says it looks to serve existing and new customers in the semiconductor, aerospace, energy and defense industries.

The new headquarters is designed as a "factory ranch" and features a solar generation plant to offset half of its power consumption. Photo via LinkedIn

“We are thrilled to open the doors of our new headquarters in the area where it all began,” Drake Plastics President Steven Quance said in a news release. “We are honored to have reinvested in the community that has supported our growth and success over the past three decades.”

Drake Plastics cut the ribbon on March 26 at the new facility, which also marked the company’s 30th anniversary in the Cypress area. The company launched in 1996 with four employees and has grown to employ more than 100 staff members, according to a LinkedIn post.

Drake Plastics is a globally recognized leader in ultra-high-performance polymer manufacturing and specializes in extrusion, injection molding, precision machining, machine building, engineering and distribution. According to the company, its new Cypress facilty is one of the largest in the world that processes these high-performance polymers.

Energy expert on powering Texas by leading globally and acting locally

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Texas is known around the world for shaping energy trends, including conservation efforts. As we reflect on Earth Day this month, let’s take a closer look at where Texas is getting things right and where there is still room for improvement.

Texas is the nation’s top producer of energy across oil, gas, wind and solar power. We have built our identity on the idea of leading the world as a powerhouse for energy production, but Texas also has to deliver results to its residents and the United States; otherwise, our global leadership falls flat.

Measuring Texas’ Global Leadership

Texas is the nation’s largest energy producer, leading the U.S. in wind-powered electricity generation and rapidly expanding its solar capacity, according to the U.S. Energy Information Administration. Our state continues to lead nationally in large-scale energy investments, business-friendly policies and abundant natural resources.

Texas is not standing still or simply doing what it has always done. The state recognizes that to stay competitive, we must adapt and change. Diversification in the areas of liquefied natural gas exports and new investments in carbon and hydrogen capture are defining what the next chapter of Texas’ leadership will look like.

Energy leadership requires production, innovation and influence. Together, these will keep Texas as a formidable force in global energy production.

Our Local Texas Reality Is Important, Too

When we zoom in to look more closely at what is happening in Texas, the picture becomes a bit more nuanced. Our energy independence creates both flexibility and vulnerability, especially during major weather events such as winter storms and hurricanes.

Five years later, the effects of Winter Storm Uri remain in many of our minds. Demand for home generators has risen quickly in the state, with Houston leading the way due to grid uncertainty. As our population continues to rise quickly and more data centers are built in the state, grid stability remains a major factor in Texas’ ability to lead in energy innovation to meet the demands of residents.

ERCOT has developed a three-part plan to help mitigate the risk of grid failure during periods of extreme demand or emergencies. While this is an improvement over five years ago, Texas still needs to invest significantly in grid resiliency.

Texas’ Energy Market and Affordability

Often, proponents of our deregulated energy market in Texas hold it up as an example of healthy competition and consumer choice. Lawmakers claim that it gives residents the ability to select an energy plan that best meets their needs.

In practice, however, the market can be difficult to navigate. There are many electricity plans and providers, so residents often feel overwhelmed when navigating the energy market. With fluctuating rates, complex contracts and peak pricing structures, monthly energy bills can be surprising.

Additionally, as utility companies seek to distribute energy infrastructure costs to customers, prices are rising rapidly. According to TEPRI, electricity rates have risen by 30% since 2021, and the organization predicts an additional 29% increase by 2030.

A 60% increase in electricity prices over less than a decade will affect more than 4.1 million LMI (low- to moderate-income) households in Texas. Conservative projections by TEPRI estimate that by 2030, LMI households will pay an additional $863 annually for electricity, representing an electricity-pricing burden of 8.2%.

The energy affordability crisis is just beginning here in Texas, and greater education and proactive legislation are needed to help LMI households navigate the changing market and rising energy costs. LMI households are already choosing between paying for electricity and healthcare for their family members.

If Texas wants to remain a global leader in energy production, innovation, reliability and affordability, the rising cost of energy needs urgent attention.

Grid Resilience Is Mandatory

In addition to energy affordability, Texas frequently experiences extreme weather, making grid resilience foundational to its continued leadership in both local and global markets.

Between 1980 and 2024, Texas experienced 190 weather-related events with financial losses exceeding $ 1 billion. From hurricanes along the Gulf Coast to prolonged heat waves and drought, the state’s energy infrastructure is under increasing strain. These events necessitate that Texas invest in long-term planning and preparedness for its energy infrastructure.

Next Steps for Local Leadership

Texas needs to strengthen every part of its energy infrastructure. Leading locally means strengthening the grid by building out transmission, scaling battery storage, and deploying smarter, more responsive technology. At the same time, we need to make the market easier to navigate and ensure Texans are better educated and protected as they make energy decisions.

Additionally, as Texans become more informed about the energy landscape, it is crucial to equip them with the knowledge to use energy conservation tools such as programmable thermostats, mobile apps to monitor and adjust energy usage, shifting away from peak-hour usage and selecting energy plans without gimmicks or tricky clauses.

These important intersections are where Texas’ global leadership meets local impact in a critical time of change and transition in the Texas energy landscape.

Going Forward

Beyond addressing the critical issues of reliability and affordability at home here in Texas, it is important to recognize that they are also global. While we already export our energy products to the world, we have a unique opportunity to also export solutions in grid innovation, market design and technologies that are applicable to varied environments and markets around the world.

If we get it right, Texas will be known for not only producing energy but also for shaping how energy systems evolve globally. In order for Texas to lead both locally and globally, we need to focus on performance through smarter infrastructure, thoughtful policy and informed consumers.

Because true energy leadership isn’t just about how much we produce, it’s about performance, access and impact from Texas communities to the global stage, which is an imperative that goes far beyond Earth Day.

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Sam Luna is director at BKV Energy, where he oversees brand and go-to-market strategy, customer experience, marketing execution, and more.

Houston energy transition hub opens applications for new fundraising cohort

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EnergyTech Cypher has opened applications for its second Liftoff fundraising program.

Applications close May 20 for the 10-week virtual fundraising sprint. The program is geared toward energy and climatech founders preparing to raise their first institutional round. It will cover fundraising requisites, like pitch materials, term sheet negotiation and round closing, according to a release from EnergyTech Cypher.

The program kicks off June 1 and runs every Monday from 1-3 p.m. CST. It will conclude with an in-person capstone simulation in Houston on August 3, where founders will work to close a mock round.

Jason Ethier, EnergyTech Cypher founder and CEO, will lead the program with Payal Patel, an EnergyTech fellow and entrepreneur in residence.

The program is available through Cephyron, EnergyTech Cypher's new investor relationship management platform, built specifically for energy and climatech founders. Users must have a Cephyron Boost membership to participate in the Liftoff program.

The Cephyron IRM app recently went live and is available to founders at any point in their fundraising process, according to the news release. The platform aggregates investor data, tracks market signals and delivers curated weekly recommendations.

EnergyTech Cypher launched Liftoff last year. The inaugural cohort included 19 startups, including Houston-based AtmoSpark Technologies, The Woodlands-based Resollant and others. Each participant closed at least one fundraising deal, according to EnergyTech Cypher.

EnergyTech Cypher rebranded from EnergyTech Nexus earlier this year. It also launched its CoPilot accelerator in 2025. The inaugural group presented its first showcase during CERAWeek last month.

EnergyTech Cypher's annual Pilotathon Pilot Pitch and Showcase applications also opened this month. Find more information here.

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