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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7 Houston energy-focused businesses among Time's best midsize companies 2025

new report

Seven Houston-based businesses focused on the energy industry appear on Time magazine and Statista’s new ranking of the country’s best midsize companies.

Time and Statista ranked companies based on employee satisfaction, revenue growth, and transparency about sustainability. All 500 companies on the list have annual revenue from $100 million to $10 billion.

The Houston energy-focused companies on the list are:

No. 141 MRC Global. Score: 85.84
No. 176 National Oilwell Varco. Score: 84.50
No. 266 Nabor Industries. Score: 81.59
No. 296 Archrock. Score: 80.17
No. 327 Superior Energy Services. Score: 79.38
No. 359 CenterPoint Energy. Score: 78.02
No. 461 Oceaneering. Score: 73.87

In total, 13 Houston-based businesses appear, with Houston engineering firm KBR topping the Texas businesses that made the list. KBR earned the No. 30 spot, earning a score of 91.53 out of 100. It is joined by these other Houston companies:

No. 168 Comfort Systems USA. Score: 84.72
No. 175 Crown Castle. Score: 84.51
No. 234 Kirby. Score: 82.48
No. 332 Insperity. Score: 79.15
No. 485 Skyward Specialty Insurance. Score: 73.15

Additional Texas companies on the list include:

No. 95 Austin-based Natera. Score: 87.26
No. 199 Plano-based Tyler Technologies. Score: 86.49
No. 139 McKinney-based Globe Life. Score: 85.88
No. 140 Dallas-based Trinity Industries. Score: 85.87
No. 149 Southlake-based Sabre. Score: 85.58
No. 223 Dallas-based Brinker International. Score: 82.87
No. 226 Irving-based Darling Ingredients. Score: 82.86
No. 256 Dallas-based Copart. Score: 81.78
No. 276 Coppell-based Brink’s. Score: 80.90
No. 279 Dallas-based Topgolf. Score: 80.79
No. 294 Richardson-based Lennox. Score: 80.22
No. 308 Dallas-based Primoris Services. Score: 79.96
No. 322 Dallas-based Wingstop Restaurants. Score: 79.49
No. 335 Fort Worth-based Omnicell. Score: 78.95
No. 337 Plano-based Cinemark. Score: 78.91
No. 345 Dallas-based Dave & Buster’s. Score: 78.64
No. 349 Dallas-based ATI. Score: 78.44
No. 385 Frisco-based Addus HomeCare. Score: 76.86
No. 414 New Braunfels-based Rush Enterprises. Score: 75.75
No. 431 Dallas-based Comerica Bank. Score: 75.20
No. 439 Austin-based Q2 Software. Score: 74.85
No. 458 San Antonio-based Frost Bank. Score: 73.94
No. 475 Fort Worth-based FirstCash. Score: 73.39
No. 498 Irving-based Nexstar Broadcasting Group. Score: 72.71

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This article originally appeared on our sister site, InnovationMap.

TEX-E names Houston VC leader as new executive director

new hire

The Texas Exchange for Energy & Climate Entrepreneurship (TEX-E) has named Houston venture capital and innovation leader Sandy Guitar as its new executive director.

Guitar succeeds David Pruner, who will move into the board chair role.

Guitar previously served as general partner and managing director at Houston-based VC firm HX Venture Fund and is co-founder of Weathergage Capital. She also sits on the advisory board of Rice University's Liu Idea Lab for Innovation and Entrepreneurship (Lilie) and launched the Women Investing in VC in Houston group.

In a LinkedIn post, Guitar shared that she's looking forward to bringing her problem-solving skills to the energy transition.

"Innovating in the energy sector is as significant and intricate a problem as I have ever worked on — one that demands creativity, collaboration, and resourcefulness at every turn," she shared.

"I'm honored to join TEX-E at such a pivotal time in the energy transition," she added in a news release. "Energy and climate innovation is accelerating at the intersection of brilliant minds and bold ideas. I'm excited to help TEX-E amplify that collision between students who think differently and the real-world problems that demand fresh solutions."

According to TEX-E, Guitar will continue to lead the organization's programming that aims to connect student climate entrepreneurs with "industry reality."

"Sandy understands the complexities of the Texas energy ecosystem and brings a forward-looking vision for how related innovation can drive meaningful, lasting impact. She's exactly the leader we need to take TEX-E to the next level and help create the next generation of energy transition innovators," David Baldwin, TEX-E board member, added in the release.

TEX-E was founded in 2022 through partnerships with MIT Martin Trust Center for Entrepreneurship and Greentown Labs. It works with university students from six schools: Rice University, University of Houston, Prairie View A&M University, The University of Texas at Austin, Texas A&M University and MIT.

It's known for its student track within the Energy Venture Day and Pitch Competition at CERAWeek, which awarded $25,000 to HEXASpec, a Rice University-led team, at the 2025 event. It also hosted its inaugural TEX-E Conference, centered on the theme of Energy & Entrepreneurship: Navigating the Future of Climate Tech, earlier this year.

Expert: Debunking the myth that Texas doesn't care about renewable energy

Guest Column

When most people think about Texas, wind turbines and solar panels may not be the first images that come to mind. But in reality, the state now leads the nation in both wind-powered electricity generation and utility-scale solar capacity. In 2024 alone, Texas added approximately 9,700 megawatts of solar and 4,374 megawatts of battery storage, outpacing all other energy sources in new generation capacity that year. So what’s driving Texas’ rapid rise as the renewable energy capital of the United States?

Leader in wind energy

Texas has been a national leader in wind energy for more than a decade, thanks to its vast open landscapes and consistent wind conditions, particularly in regions like West Texas and the Panhandle. These ideal geographic features have enabled the development of massive wind farms, giving Texas the largest installed wind capacity in the United States. Wind energy also plays a strategic role in balancing the grid and complements solar energy well, as it often peaks at night when solar output drops.

Battery storage growth

Increasing battery storage capacity is unlocking more potential from solar and wind. When intermittent energy sources like wind and solar go offline, batteries release stored electricity and provide stability to the Electric Reliability Council of Texas system. Excluding California, Texas has more battery storage than the rest of the United States combined, accounting for over 32% of all the capacity installed nationwide.

Solar electricity generation and utility-scale batteries within ERCOT power grid set records in summer 2024. Between June 1 and August 31, solar contributed nearly 25% of total power demand during mid-day hours. In the evening, as demand stayed high but solar output declined, battery discharges successfully filled the gap. Battery storage solutions are now a core element of ERCOT’s future capacity and demand planning.

Interest in creating a hydrogen economy

Texas is well positioned to become a national hub in the hydrogen economy. The state has everything needed to lead in this emerging space with low-cost natural gas, abundant and growing low carbon electricity, geology well suited for hydrogen and carbon storage, mature hydrogen demand centers, existing hydrogen pipelines, established port infrastructure and more. The state already has an existing hydrogen market with two-thirds of the country’s hydrogen transport infrastructure.

In 2023, the Texas Legislature created the Texas Hydrogen Production Policy Council, which found that:

Hydrogen could represent a grid-scale energy storage solution that can help support the increased development of renewable electricity from wind and solar. Renewable electricity that is converted to hydrogen can improve overall grid reliability, resilience and dispatchability.
The development of the hydrogen industry, along with its supporting infrastructure and its downstream markets within Texas, could attract billions of dollars of investment. This development may create hundreds of thousands of jobs - especially with younger generations who are passionate about climate science - and greatly boost the Texas economy.
Hydrogen supports the current energy economy in Texas as a critical component to both conventional refining and the growing production of new biofuels (such as renewable diesel and sustainable aviation fuel) within the state.

Legislative action and pressure to reduce carbon emissions

Texas has also seen key legislative actions and policies that have supported the growth of renewable energy in Texas. During the most recent legislative session, lawmakers decided that The Texas Energy Fund, a low-interest loan program aimed at encouraging companies to build more power infrastructure, will receive an additional $5 billion on top of the $5 billion lawmakers approved in 2023. Of that amount, $1.8 billion is earmarked to strengthen existing backup generators, which must be powered by a combination of solar, battery storage and natural gas. These funds signal growing institutional support for a diversified and more resilient energy grid.

Furthermore, there is growing pressure from investors, regulators and consumers to reduce carbon emissions, and as a result, private equity firms in the oil and gas sector are diversifying their portfolios to include wind, solar, battery storage and carbon capture projects. In 2022, private equity investment in renewable energy and clean technology surged to a record-high $26 billion.

The future of the renewable energy workforce

With renewable energy jobs projected to grow to 38 million globally by 2030, the sector is poised to be one of the most promising career landscapes of the future. Given that young people today are increasingly environmentally conscious, there is a powerful opportunity to engage students early and help them see how their values align with meaningful, purpose-driven careers in clean energy. Organizations like the Energy Education Foundation play a vital role in this effort by providing accessible, high-quality resources that bridge the gap between energy literacy and real-world impact. The nonprofit employs comprehensive, science-based educational initiatives to help students and educators explore complex energy topics through clear explanations and engaging learning tools, laying a strong foundation for informed, future-ready learners.

STEM and AI education, which are reshaping how young people think, build, and solve problems, provide a natural gateway into the renewable energy field. From robotics and coding to climate modeling and sustainable engineering, these learning experiences equip students with the critical skills and mindsets needed to thrive in a rapidly evolving energy economy. By investing in engaging, future-focused learning environments now and through leveraging trusted educational partners, like the Energy Education Foundation, we can help ensure that the next generation of learners are not just prepared to enter the clean energy workforce but are empowered to lead it.

With its rapidly growing wind, solar, battery and hydrogen sectors, Texas is redefining its energy identity. To sustain this momentum, the state must continue aligning education, policy, and innovation—not only to meet the energy demands of tomorrow, but to inspire and equip the next generation to lead the way toward a more sustainable, resilient and inclusive energy future.

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Kristen Barley is the executive director of the Energy Education Foundation, a nonprofit dedicated to inspiring the next generation of energy leaders by providing comprehensive, engaging education that spans the entire energy spectrum.

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