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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Rice, UH launch joint effort to accelerate plastics recycling solutions

plastics partnership

Institutes at two Houston universities are joining forces to help position the city as a global leader in plastics recycling innovation.

The Center for Energy Studies (CES) at Rice University’s Baker Institute for Public Policy and the University of Houston’s Energy Transition Institute (UH-ETI) have announced a strategic partnership that aims to develop real-world solutions for plastic recycling.

The universities will kick off the new initiative with the Annual Sustainability Summit: Innovations and Collaborations in Circularity & Supply Chain Resilience event April 22 at the Baker Institute.

“Houston sits at the center of the global plastics and petrochemical value chain, which makes it uniquely positioned to lead in circular solutions,” Rachel Meidl, deputy director of CES, said in a news release. “This partnership is about moving beyond theory and bringing together data, policy and industry insight to accelerate technologies and frameworks that can scale.”

The partnership—which was made official during CERAWeek—will integrate policy, economics, science and engineering. The universities will work to “share data, insights, networks and connections to advance global work in protecting the environment, economy and society,” according to a news release from Rice.

Initially, the universities will focus on evaluating scalable advanced recycling pathways, developing policy frameworks to improve plastics circularity, analyzing emerging technology and using industry stakeholders for deployment.

Plastics circularity aligns with Rice and UH’s energy transition efforts to advance a circular economy. UH's ETI recently published a white paper that analyzes how the U.S. currently handles plastics recycling and advocates for a new approach. Ramanan Krishnamoorti, author of the paper and vice president of energy and innovation at UH, said the partnership with Rice’s Baker Institute could help bring some of the ideas outlined in the paper to reality.

“Our research has shown that a uniform approach may be the best way for the U.S. to tackle plastic waste,” Krishnamoort said in a news release. “By partnering with Rice’s Baker Institute for Public Policy, we will be better positioned to deliver real-world solutions that advance a circular plastics economy.”

Fervo Energy adds former eBay CEO Meg Whitman, other leaders to board

power players

As it prepares for a highly anticipated IPO, Houston-based geothermal power provider Fervo Energy has added four heavyweights to its board of directors.

The most notable new board member is Meg Whitman, former CEO of eBay, Hewlett-Packard, and Spring-based HPE, and former U.S. ambassador to Kenya. She joined the Fervo board as lead independent director.

One of the other high-profile new board members at Fervo is Jessica Uhl. She was chief financial officer of Shell from 2017 to 2022 and spent a little over a year as president of GE Vernova, a GE energy spinoff. She is a former board member of GE, Goldman Sachs and Shell. Today, Uhl advises investment firms on energy matters.

Another energy industry veteran, Trey Lowe, also joined the Fervo board. Lowe is senior vice president and chief technology officer at oil and gas producer Devon Energy, a Fervo investor that’s moving its headquarters from Oklahoma City to Houston. Before Devon, Lowe worked in the U.S. and Norway for Houston-based energy technology company SLB.

The fourth new director at Fervo is Robert Keehan, who spent 37 years at professional services firm PwC. He most recently was PwC’s chief global auditor and earlier was a partner in the firm’s energy practice.

Keehan and Uhl will serve as independent directors, which are non-executive governance and oversight roles, while Lowe is a non-independent director, which is a more hands-on role.

With the four new directors, Fervo has seven board members.

The arrival of the four new board members comes at a monumental time for Fervo, a provider of utility-scale geothermal energy:

“Energy markets are demanding dependable, carbon-free power at an unprecedented scale, and Fervo is uniquely positioned to supply it,” Tim Latimer, co-founder and CEO of Fervo, said in December.