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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ExxonMobil secures approval for $5B East Texas carbon capture project

ccs expansion

Spring-based ExxonMobil has won approval from the Texas Railroad Commission for a $5 billion carbon capture and storage project in East Texas.

Dominic Genetti, senior vice president of CCS at ExxonMobil, told The Financial Times, which broke the news, that the Railroad Commission’s action is a “major milestone” that lets the company keep expanding along the Gulf Coast. In a 2-1 vote, commissioners authorized a carbon sequestration permit for the project.

“The Railroad Commission clearly recognizes the important role carbon capture and storage can play in meeting growing global demand for lower-carbon products while supporting new jobs and economic growth,” Genetti said.

The U.S. Environmental Protection Agency (EPA) approved ExxonMobil’s Rose CCS project last year.

The project will enable the company to inject about 53 metric tons of industrial customers’ carbon emissions into three underground wells it drilled in the Beaumont-Port Arthur area. Over a 13-year period, ExxonMobil plans to inject about 4 million metric tons per year into the Fleming and Upper Frio rock formations, according to Carbon Herald.

ExxonMobil says it owns the world’s first and largest CCS system, comprising 1,300 miles of CO2 pipeline and secure storage sites. Seventy percent of the pipelines are along the Gulf Coast.

The company ramped up its CCS business in 2023 with the $4.9 billion purchase of Denbury, which owned about 1,000 miles of CO2 pipelines.

“Our expertise, combined with Denbury’s talent and CO2 pipeline network, expands our low-carbon leadership and best positions us to meet the decarbonization needs of industrial customers while also reducing emissions in our own operations,” ExxonMobil Chairman and CEO Darren Woods said when the deal closed.

In January, Genetti wrote in a post on ExxonMobil’s website that the company is committed to CCS “for the long haul.”

“CCS is not new technology, but it’s flown relatively under the radar compared with the attention that production of hydrocarbons commands,” he wrote. “Now, as the world becomes more aware of the need to reduce emissions, CCS finally has a brighter spotlight and a broader runway to scale up.”

The company also announced this week that it has begun CCS operations at a direct reduced iron facility in Convent, Louisiana. The project will capture, transport and store up to 800,000 metric tons of CO2 per year, according to the company.

Houston’s power future: The role of energy efficiency and demand response

The View from HETI

In Houston, industrial expansion, advanced manufacturing, data centers, AI, electrification, and population growth are all increasing demand for power across the region. At the same time, the infrastructure needed to support that growth, from generation and transmission to distribution and storage, takes significant time and investment to plan and build.

This growing power demand creates a near-term challenge: how can the region support new investment while major grid projects are planned and built?

A new report from the Houston Energy Transition Initiative, “Role of Efficiency & Demand Response to Meet Near-Term Regional Power Demand”, examines how Houston can get more from the grid it has today. Its central finding: energy efficiency (EE) and demand response (DE) can create measurable grid “headroom” while new major infrastructure projects are being planned, financed, permitted and built.

Explore the key takeaways from the report:

Houston’s power challenge affects economic growth

Houston’s ability to attract industrial investment increasingly depends on reliable, affordable power. ERCOT and MISO Texas project major load growth through 2030 and 2035 from industrial development, data centers, AI, advanced manufacturing and electrification.

Efficiency and demand response can lower peak demand and help manage local grid constraints that could slow growth.

EE and DE are different tools, and Houston needs both

Energy efficiency creates lasting reductions in electricity use through equipment upgrades, building improvements and changes in operations. Demand response lets customers temporarily reduce or shift power use based on grid conditions, incentives or market signals.

Texas programs show measurable results

In 2024, Texas investor-owned utility programs delivered about 609 MW of evaluated demand reduction and 603 GWh of annual energy savings. The report puts the lifetime cost of saved energy at about $0.02 per kWh.
CenterPoint Energy accounted for more than 40% of ERCOT investor-owned utilities’ total demand reduction and energy savings. It achieved about 236 MW of peak demand reduction and 229 GWh of energy savings, above goals of 66 MW and 116 GWh.

Entergy Texas also achieved significantly more demand reduction and energy savings than its 2024 program year goals, with a reported 24 MW of peak demand reduction against a goal of 17 MW and 43 GWh of energy savings against a goal of 30 GWh.

Large power users can add flexibility

Data centers, industrial facilities and advanced manufacturers may be able to shift noncritical work, adjust cooling, use on-site resources or briefly cut consumption.

The report states that verified demand savings, flexible loads and behind-the-meter resilience could help reduce interconnection risk and support more cost-effective growth.

Technology can expand options

Storage, smart controls and energy management systems can work with efficiency and demand response. Smaller loads can also be combined across commercial buildings, multifamily developments and homes.

For Houston, these tools do not replace new generation, transmission, distribution or storage. They can help the region use existing infrastructure more effectively while new capacity is built, supporting reliable, affordable power and continued economic growth.

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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. For more information about the Houston Energy Transition Initiative, visit htxenergytransition.org. Download your copy of Role of Efficiency & Demand Response to Meet Near-Term Regional Power Demand to learn more.

Clean energy leaders taking the stage at Houston Energy and Climate Week

expert voices

Some of the biggest names in the clean energy scene will be sharing their expertise in Houston this week.

From leaders fresh off one of the industry's biggest IPOs to local organizers, here's who's speaking at promising panels and anchor events during Houston Energy and Climate Week—taking place now through Sept. 18. Visit each event's website for a full lineup.

Read more about Houston Energy and Climate Week and its programming in Energy Capital's event preview. Or learn more about the startups pitching at events throughout the week here.

Energy Solutions in a New Era Hosted by JERA & Mitsubishi Heavy Industries — Sept. 15 at the Ion

  • Mary Dhillon, strategy manager at Fervo Energy
  • Ricky Sakai, SVP of investment & business development at Mitsubishi Heavy Industries America
  • Daniel Padilla, strategy & business development lead at Emerald AI
  • Adrian Trömel, chief innovation officer / interim vice president for innovation at Rice University (moderator)
  • Shigeki Uchihashi, VP of strategy & corporate venturing at JERA Americas

Cypher Pilotathon and Startup Showcase — Sept. 15 at POST Houston

  • Nada Ahmed, co-founder and CRO of Energytech Cypher
  • Taylor Chapman, investment principal at New Climate Ventures
  • Jason Ethier, co-founder and CEO of Energytech Cypher
  • Sean Kelly, CEO of Amperon
  • Ionel Nechiti, investment director for Aramco Ventures
  • Hema Prapoo, global energy industry leader from Microsoft
  • Ishan Rao, VP of commercial at Syzygy Plasmonics

Greentown Climatetech Summit — Sept. 16 at Greentown Labs

  • Arne Ballantine, co-founder of Ohmium International
  • David Baldwin, partner at SCF Partners
  • Christopher Hanson, former chair of the U.S. Nuclear Regulatory Commission
  • Tim Latimer, CEO and co-founder of Fervo Energy
  • Georgina Campbell Flatter, CEO of Greentown Labs
  • Nicolaus Radford, CEO and co-founder of Persona AI
  • Prag Mishra, chief AI officer at Armada
  • Jeremy Pitts, managing director at Activate
  • Bobby Gallagher, CEO, CTO and co-founder of Deployable Energy
  • Jason Wells, chair, president and CEO of CenterPoint Energy
  • Eliecer Viamontes, CEO of Entergy Texas

Rice Alliance Energy Tech Venture Forum — Sept. 17 at Rice University’s Jones Graduate School of Business

  • Laurent Alteirac, enabling technology development manager at SLB
  • Kemal Anbarci, managing executive and general manager of venture capital at Chevron Technology Ventures
  • Sameer Bandhu, managing director of ventures and licensing at GE Vernova
  • Brad Burke, former associate vice president at Rice Office of Innovation and former executive director of Rice Alliance for Technology and Entrepreneurship at Rice University (moderator)
  • Andres Cabada, managing director at Halliburton Labs
  • Quennie Co, managing partner at Shell Ventures
  • Rob Crane, technology scouting & venturing manager at ExxonMobil
  • Ira Ehrenpreis, founder and managing partner at DBL Partners
  • Menachem Elimelech, director of Rice Center for Membrane Excellence (RiCeME) at Rice University
  • Brian Iversen, founder & managing partner at Cimbria Capital
  • Dustin Kinder, CEO of Maverick Water Group
  • Megan Lund, lead of venturing strategy & strategic partnerships at Woodside Energy
  • Sean Maher, vice president of investor relations & chief economist at Phillips 66
  • Robert Mellors, SUPERHOT program director at ARPA-E
  • John (JR) Reale, interim associate vice president for industry and new ventures at Rice University and executive director of Rice Alliance for Technology and Entrepreneurship at Rice University
  • Chad Seely, SVP of regulatory policy, general counsel, chief compliance officer, and corporate secretary at ERCOT
  • David Sholl, executive vice president for research and professor of chemical & biomolecular engineering at Rice University
  • Jim Sledzik, managing director of strategic venturing, North America, at Aramco Ventures