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 microgrid company names new CEO

new hire

Houston-based electric microgrid company Enchanted Rock has named a new CEO.

John Carrington has assumed the role after serving as Enchanted Rock's executive chairman since June, the company announced earlier this month.

Carrington most recently was CEO of Houston-based Stem, which offers AI-enabled software and services designed for setting up and operating clean energy facilities. He stepped down as Stem’s CEO in September 2024. Stem, which was founded in 2006 and went public under Carrington's leadership in 2021, was previously based in San Francisco.

Carrington has also held senior leadership roles at Miasolé, First Solar and GE.

Corey Amthor has served as acting CEO of Enchanted Rock since June. He succeeded Enchanted Rock founder Thomas McAndrew in the role, with McAndrew staying on with the company as a strategic advisor and board member. With the hiring of Carrington, Amthor has returned to his role as president. According to the company, Amthor and Carrington will "partner to drive the company’s next phase of growth."

“I’m proud to join a leadership team known for technical excellence and execution, and with our company-wide commitment to innovation, we are well positioned to navigate this moment of unprecedented demand and advance our mission alongside our customers nationwide,” Carrington said in the news release. “Enchanted Rock’s technology platform delivers resilient, clean and scalable ultra-low-emissions onsite power that solves some of the most urgent challenges facing our country today. I’m energized by the strong momentum and growing market demand for our solutions, and we remain committed to providing data centers and other critical sectors with the reliable power essential to their operations.”

This summer, Enchanted Rock also announced that Ian Blakely would reassume the role of CFO at the company. He previously served as chief strategy officer. Paul Froutan, Enchanted Rock's former CTO, was also named COO last year.

6 major acquisitions that fueled the Houston energy sector in 2025

2025 In Review

Editor's note: As 2025 comes to a close, we're revisiting the biggest headlines and major milestones of the energy transition sector this year. Here are six major acquisitions that fueled the Houston energy industry in 2025:

Houston-based Calpine Corp. to be acquired in clean energy megadeal

Houston's Calpine Corp. will be acquired by Baltimore-based nuclear power company Constellation Energy Corp. Photo via DOE

In January 2025, Baltimore-based nuclear power company Constellation Energy Corp. and Houston-based Calpine Corp. entered into an agreement where Constellation would acquire Calpine in a cash and stock transaction with an overall net purchase price of $26.6 billion. The deal received final regulatory clearance this month.

Investment giant to acquire TXNM Energy for $11.5 billion

Blackstone Infrastructure, an affiliate of Blackstone Inc., will acquire a major Texas electricity provider. Photo via Shutterstock

In May 2025, Blackstone Infrastructure, an investment giant with $600 million in assets under management, agreed to buy publicly traded TXNM Energy in a debt-and-stock deal valued at $11.5 billion. The deal recently cleared a major regulatory hurdle, but still must be approved by the Public Utility Commission of Texas.

Houston's Rhythm Energy expands nationally with clean power acquisition

PJ Popovic, founder and CEO of Houston-based Rhythm Energy, which has acquired Inspire Clean Energy. Photo courtesy of Rhythm

Houston-based Rhythm Energy Inc. acquired Inspire Clean Energy in June 2025 for an undisclosed amount. The deal allowed Rhythm to immediately scale outside of Texas and into the Northeast, Midwest and mid-Atlantic regions.

Houston American Energy closes acquisition of New York low-carbon fuel co.

Houston American Energy Corp. has acquired Abundia Global Impact Group, which converts plastic and certified biomass waste into high-quality renewable fuels. Photo via Getty Images.

Renewable energy company Houston American Energy Corp. (NYSE: HUSA) acquired Abundia Global Impact Group in July 2025. The acquisition created a combined company focused on converting waste plastics into high-value, drop-in, low-carbon fuels and chemical products.

Chevron gets green light on $53 billion Hess acquisition

With the deal, Chevron gets access to one of the biggest oil finds of the decade. Photo via Chevron

In July 2025, Houston-based Chevron scored a critical ruling in Paris that provided the go-ahead for a $53 billion acquisition of Hess and access to one of the biggest oil finds of the decade. Chevron completed its acquisition of Hess shortly after the ruling from the International Chamber of Commerce in Paris.

Investors close partial acquisition of Phillips 66 subsidiary with growing EV network

Two investment firms have scooped up the majority stake in JET, a subsidiary of Phillips 66 with a rapidly growing EV charging network. Photo via Jet.de Facebook.

In December 2025, Energy Equation Partners, a London-based investment firm focused on clean energy companies, and New York-based Stonepeak completed the acquisition of a 65 percent interest in JET Tankstellen Deutschland GmbH, a subsidiary of Houston oil and gas giant Phillips 66.

Houston researchers develop energy-efficient film for AI chips

AI research

A team of researchers at the University of Houston has developed an innovative thin-film material that they believe will make AI devices faster and more energy efficient.

AI data centers consume massive amounts of electricity and use large cooling systems to operate, adding a strain on overall energy consumption.

“AI has made our energy needs explode,” Alamgir Karim, Dow Chair and Welch Foundation Professor at the William A. Brookshire Department of Chemical and Biomolecular Engineering at UH, explained in a news release. “Many AI data centers employ vast cooling systems that consume large amounts of electricity to keep the thousands of servers with integrated circuit chips running optimally at low temperatures to maintain high data processing speed, have shorter response time and extend chip lifetime.”

In a report recently published in ACS Nano, Karim and a team of researchers introduced a specialized two-dimensional thin film dielectric, or electric insulator. The film, which does not store electricity, could be used to replace traditional, heat-generating components in integrated circuit chips, which are essential hardware powering AI.

The thinner film material aims to reduce the significant energy cost and heat produced by the high-performance computing necessary for AI.

Karim and his former doctoral student, Maninderjeet Singh, used Nobel prize-winning organic framework materials to develop the film. Singh, now a postdoctoral researcher at Columbia University, developed the materials during his doctoral training at UH, along with Devin Shaffer, a UH professor of civil engineering, and doctoral student Erin Schroeder.

Their study shows that dielectrics with high permittivity (high-k) store more electrical energy and dissipate more energy as heat than those with low-k materials. Karim focused on low-k materials made from light elements, like carbon, that would allow chips to run cooler and faster.

The team then created new materials with carbon and other light elements, forming covalently bonded sheetlike films with highly porous crystalline structures using a process known as synthetic interfacial polymerization. Then they studied their electronic properties and applications in devices.

According to the report, the film was suitable for high-voltage, high-power devices while maintaining thermal stability at elevated operating temperatures.

“These next-generation materials are expected to boost the performance of AI and conventional electronics devices significantly,” Singh added in the release.

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This article originally appeared on our sister site, InnovationMap.

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