Supreme Court clears path for temporary nuclear waste storage in Texas and New Mexico

The U.S. Supreme Court has allowed plans to move forward on storing nuclear waste at private sites in Texas and New Mexico, reversing a lower court’s decision that had blocked the effort.

Mark Sherman reports for The Associated Press.


In short:

  • The court’s 6-3 decision revives licenses granted by the Nuclear Regulatory Commission (NRC) to two companies to store radioactive waste at sites in rural Texas and New Mexico for up to 40 years, with a possible extension.
  • The justices did not decide whether federal law ultimately permits such temporary storage but ruled that Texas and a local landowner forfeited their legal standing to block the NRC’s decision.
  • Governors from both states oppose the facilities, warning they may become de facto permanent dumps in the absence of a national plan for long-term disposal.

Key quote:

“Congress has repeatedly failed to secure a permanent location for disposing of nuclear waste, and now the federal government is trying to force de-facto permanent storage facilities onto New Mexico and Texas. It is a dangerous and irresponsible approach.”

— Michelle Lujan Grisham, governor of New Mexico

Why this matters:

The U.S. has accumulated more than 90,000 metric tons of spent nuclear fuel, some of it dating back to the 1980s, sitting at reactor sites across the country. Without a permanent disposal site like the long-stalled Yucca Mountain project in Nevada, pressure grows to find alternatives. But placing temporary facilities in largely rural, lower-income areas raises deep concerns about environmental justice and long-term public health risks. These materials remain radioactive for thousands of years, and even "temporary" sites could become permanent by default if national politics continue to stall permanent solutions.

Read more: Texas eyes nuclear energy to meet industrial power demands despite local water worries

A row of wind turbines alongside a field

The real economic impact of clean energy

US energy chief Chris Wright claims that renewable energy is dragging down Europe's economy. Is that true?
Power plant with smoke and dirty orange air.
Credit: Mikhail Dudarev/BigStock Photo ID: 14021453

Study: 2025 emissions rise due to Trump-era policies

Emissions of sulfur dioxide increased by 18% in 2025, according to an analysis of U.S. Environmental Protection Agency data by the Natural Resources Defense Council, an environmental advocacy group.

The U.S. capitol building

Trump's climate silence at the longest-ever State of the Union

The president’s far-reaching speech ignored climate change but not its impacts.
Illustration depicting pumpjacks vs solar panels & wind turbines
Credit: MIRO3D/BigStock Photo ID: 147195269

The culture war is coming for your electricity

Utah Republicans are calling for an energy "divorce" from blue states. A major utility just granted part of their wish.
Portable balcony solar panel

Balcony solar is taking state legislatures by storm

In more than half of U.S. states, Republican and Democratic lawmakers have introduced legislation that would boost adoption of DIY solar systems.
A closeup of pieces of wheat bread

Breadcrumbs (literally) lay path away from fossil fuels

Researchers have developed a carbon-negative method for hydrogenation that uses bacteria fed on waste bread to generate hydrogen for chemical reactions.

Refinery and petrochemical industrial plant
Credit: Tee Theerapol/BigStock Photo ID: 60783539

An oil refinery defined life in this quaint California city. What happens when it’s gone?

For decades, the Valero refinery shaped Benicia’s economy, politics and health. Now the city has become a reluctant test case of whether an oil town can reinvent itself
From our Newsroom
Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

One facility has emitted cancer-causing chemicals into waterways at levels up to 520% higher than legal limits.

Regulators are underestimating health impacts from air pollution: Study

Regulators are underestimating health impacts from air pollution: Study

"The reality is, we are not exposed to one chemical at a time.”

Pennsylvania governor Josh Shapiro speaks with the state flag and American flag behind him.

Two years into his term, has Gov. Shapiro kept his promises to regulate Pennsylvania’s fracking industry?

A new report assesses the administration’s progress and makes new recommendations

silhouette of people holding hands by a lake at sunset

An open letter from EPA staff to the American public

“We cannot stand by and allow this to happen. We need to hold this administration accountable.”

wildfire retardants being sprayed by plane

New evidence links heavy metal pollution with wildfire retardants

“The chemical black box” that blankets wildfire-impacted areas is increasingly under scrutiny.

Stay informed: sign up for The Daily Climate newsletter
Top news on climate impacts, solutions, politics, drivers. Delivered to your inbox week days.