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.

U.S. Congressman Jake Ellzey made the announcement in Dallas last week. Photo courtesy of Google

Google to invest $1B in clean energy, data center tech in Texas

money moves

Google is making a big investment in Texas to the tune of $1 billion.

According to a news release from the company, the tech giant will spend more than $1 billion to support its cloud and data center infrastructure and expand its commitment to clean energy.

The $1 billion will be spent on data center campuses in Midlothian and Red Oak to help meet growing demand for Google Cloud, AI innovations, and other digital products and services such as Search, Maps, and Workspace.

In addition to its data center investment, Google has also forged long-term power purchase agreements with Houston-based Engie, as well as Madrid-based entities Elawan, Grupo Cobra, and X-ELIO for solar energy based in Texas. Together, these new agreements are expected to provide 375 MW of carbon-free energy capacity, which will help support Google’s operations in Texas.

These agreements were facilitated through LEAP (LevelTen Energy’s Accelerated Process), which was co-developed by Google and LevelTen Energy to make sourcing and executing clean energy PPAs more efficient, and contributes to the company’s ambitious 2030 goal to run on 24/7 carbon-free energy on every grid where it operates.

The company has contracted with energy partners to bring more than 2,800 megawatts (MW) of new wind and solar projects to the state. Google’s CFE percentage in the ERCOT grid region, which powers its Texas data centers, nearly doubled from 41 percent in 2022 to 79 percent in 2023.

The initiatives were announced at a conference in Midlothian on August 15, attended by business leaders and politicians including U.S. Congressman Jake Ellzey, Google Cloud VP Yolande Piazza, Ted Cruz, and Citi CIO Shadman Zafar.

The Dallas cloud region is part of Google Cloud's global network of 40 regions that delivers services to large enterprises, startups, and public sector organizations.

In a statement, Piazza said that "expanding our cloud and data center infrastructure in Midlothian and Red Oak reflects our confidence in the state's ability to lead in the digital economy."

Data centers are the engines behind the growing digital economy. Google has helped train more than 1 million residents in digital skills through partnerships with 590 local organizations, including public libraries, chambers of commerce, and community colleges.

In addition to its cloud region and Midlothian data center, Google has offices in Austin, Dallas, and Houston. The new Google’s total investment in Texas to more than $2.7 billion.

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This article originally ran on CultureMap.

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Energy startup Base Power raises $1 billion series C round

fresh funding

Austin-based startup Base Power, which offers battery-supported energy in the Houston area and other regions, has raised $1 billion in series C funding—making it one of the largest venture capital deals this year in the U.S.

VC firm Addition led the $1 billion round. All of Base Power’s existing major investors also participated, including Trust Ventures, Valor Equity Partners, Thrive Capital, Lightspeed Venture Partners, Andreessen Horowitz (a16z), Altimeter, StepStone Group, 137 Ventures, Terrain, Waybury Capital, and entrepreneur Elad Gil. New investors include Ribbit Capital, Google-backed CapitalG, Spark Capital, Bond, Lowercarbon Capital, Avenir Growth Capital, Glade Brook Capital Partners, Positive Sum and 1789 Capital Management.

Coupled with the new $1 billion round, Base Power has hauled in more than $1.27 billion in funding since it was founded in 2023.

Base Power supplies power to homeowners and the electric grid through a distributed storage network.

“The chance to reinvent our power system comes once in a generation,” Zach Dell, co-founder and CEO of Base Power, said in a news release. “The challenge ahead requires the best engineers and operators to solve it, and we’re scaling the team to make our abundant energy future a reality.”

Zach Dell is the son of Austin billionaire and Houston native Michael Dell, chairman and CEO of Round Rock-based Dell Technologies.

In less than two years, Base Power has developed more than 100 megawatt-hours of battery-enabled storage capacity. One megawatt-hour represents one hour of energy use at a rate of one million watts.

Base Power recently expanded its service to the city of Houston. It already was delivering energy to several other communities in the Houston area. To serve the Houston region, the startup has opened an office in Katy.

The startup also serves the Dallas-Fort Worth and Austin markets. At some point, Base Power plans to launch a nationwide expansion.

To meet current and future demand, Base Power is building its first energy storage and power electronics factory at the former downtown Austin site of the Austin American-Statesman’s printing presses.

“We’re building domestic manufacturing capacity for fixing the grid,” Justin Lopas, co-founder and chief operating officer of Base Power, added in the release. “The only way to add capacity to the grid is [by] physically deploying hardware, and we need to make that here in the U.S. ... This factory in Austin is our first, and we’re already planning for our second.”

ExxonMobil postpones $10B plastics manufacturing plant

plastics project postponed

Spring-based ExxonMobil is postponing development of a $10 billion plastics manufacturing plant along the Gulf Coast. Construction on the plant, to be located near Port Lavaca, was supposed to begin next year.

“Based on current market conditions, we are going to slow the pace of our development for the Coastal Plain Venture,” ExxonMobil confirmed in an emailed statement. “We’re confident in our growth strategy, and we remain interested in a potential project along the U.S. Gulf Coast and in other regions around the world. We’re maintaining good relationships with community leaders and contractors, so we are ready to reevaluate the project’s status when market conditions improve.”

According to Independent Commodity Intelligence Services, the Coastal Plain project was preliminary, and ExxonMobil had not yet announced its decision about building a plant for polyethylene production. Polyethylene, the world’s most common plastic, is used in a variety of products, such as bags, bottles, food containers, automotive components, medical tubes, IV bags, children’s toys and cutting boards.

The Coastal Plain postponement follows a judge’s ruling in August that invalidated a decision by Calhoun County ISD board members to negotiate tax breaks with ExxonMobil, according to Inside Climate News. The judge made the ruling in a case filed by environmental activist Diane Wilson and her nonprofit group, San Antonio Bay Estuarine Waterkeeper.

Wilson told Inside Climate News that she thought public opposition played a part in ExxonMobil postponing the Coastal Plain project.

“I think if everybody had just rolled over for them, if they got exactly what they wanted (tax breaks) and there wasn’t a big fight, there would be no delay,” Wilson said.

KBR shifts sustainability focus with planned spinoff

seeing green

Houston-based KBR, a provider of technology and engineering services for government and private-sector customers, is pursuing a tax-free spinoff of its Mission Technology Solutions business as a public company. Following the spinoff, KBR would remain a public company.

The new company, nicknamed SpinCo, would focus on technology and engineering services for the space and national security sectors. The scaled-down KBR, nicknamed RemainCo, would concentrate solely on sustainability technology and services designed to reduce carbon emissions and support energy transition efforts.

According to the company, RemainCo, or New KBR, will is positioned to serve the ammonia and syngas, chemical and petrochemicals, clean refining, and circular economy markets.

Stuart Bradie, chairman, president and CEO of KBR, said that from July 2024 to July 2025, the Mission Technology Solutions segment generated revenue of $5.8 billion. During the same period, the Sustainability Technology Solutions segment posted revenue of $3.7 billion.

KBR has forecast fiscal year 2025 revenue of $8.1 billion, up from $7.7 billion during the previous fiscal year. The company’s 2026 fiscal year starts in January.

In a news release, KBR said SpinCo and the restructured KBR would “deliver long-term profitable growth and value for customers, associates, and shareholders.”

“Our team has successfully built two leading businesses with the necessary scale and strong financial profile to enable us to take this next exciting step,” Bradie told Wall Street analysts.

Over the past decade, Bradie said, KBR has evolved into “a leading provider of differentiated, innovative, up-market science, technology, and engineering solutions with global scale, global reach, and global impact.” The spinoff would create two public companies that’ll “unlock the next phase of value creation,” he added.

Bradie will be chairman, president, and CEO of the newly configured KBR, while Mark Sopp, KBR’s executive vice president and chief financial officer, will transition to oversight of the Mission Technology Solutions spinoff. Effective Jan. 5, Shad Evans will succeed Sopp as CFO of KBR. He currently is KBR’s senior vice president of financial operations.

Bradie said an executive search firm has been hired to identify candidates for the CEO and CFO roles at SpinCo.

The spinoff is expected to be completed in mid- to late 2026.