Texas challenges nuclear waste storage site at Supreme Court

Texas asked the U.S. Supreme Court to block a planned nuclear waste storage site near its border with New Mexico, arguing that the federal government is unfairly shifting long-term responsibility for the waste onto the state.

Maureen Groppe reports for USA Today.


In short:

  • Texas contends the Nuclear Regulatory Commission (NRC) lacks authority to approve a facility storing 5,000 metric tons of spent nuclear fuel, calling it a de facto permanent site.
  • The federal government says Texas misinterprets the law, arguing that off-site storage has been allowed for decades and is necessary as nuclear waste piles up.
  • Justices questioned how "temporary" the facility would be, with some noting Congress has failed to create a permanent solution as required by a 1982 law.

Key quote:

“If New Mexico and Texas are left holding the bag, every other state will be happy. They will be pleased because this waste will stay in Texas forever.”

— Aaron Nielson, Texas solicitor general

Why this matters:

For decades, the United States has wrestled with a problem that grows by the day: what to do with its nuclear waste. More than 90,000 metric tons of high-level radioactive waste — primarily spent fuel from commercial nuclear reactors — sits in temporary storage at sites across the country. Without a permanent repository, these materials remain vulnerable to security threats, climate-related disasters, and long-term environmental risks.

State and federal authorities remain at odds over who should have the final say in waste disposal. While the federal government is responsible for managing nuclear waste, states have repeatedly exercised their power to block unwanted projects. Meanwhile, scientists warn that delaying a permanent solution only increases the risks, as aging storage casks deteriorate and the volume of radioactive waste continues to grow.

Related: Supreme Court to weigh Texas nuclear waste dispute

A closeup of a computer mother board with a blue and black square with the letters AI on it

AI impact on fossil fuels and water resources in Indiana

Learn how artificial intelligence is influencing fossil fuels and water resources in Indiana, shedding light on local environmental issues.

A white home energy battery installed on a wall next to a small white electric vehicle

Home batteries could become the next must-have household appliance

An energy expert explains how batteries can lower electric bills, keep homes running during outages, and ease pressure on an increasingly strained grid.
A row of wind turbines situated behind a row of solar panels

Sweeping victory for Europe as 15 nations top climate scoreboard

Europe has come top in the latest Environmental Performance Index, partly due to the boom in renewables. But experts warn that more progress is needed.
A person sitting at a table cutting into a cooked steak on a plate

The climate fix: Target the biggest meat eaters

A Scottish study finds that shifting heavy meat eaters toward modest cuts, rather than trimming everyone's diet evenly, could prevent 60,000 diabetes cases and deliver outsized climate gains.
A group of wooden figures shaped like people with a protest sign with a sad face on it

Vancouver’s growing anti-AI movement

Residents of Vancouver, British Columbia are protesting and calling for a moratorium on new AI data centers — and local politicians are listening.

A silver shower head with water coming out of it

Climate change could double household water costs in some cities, study finds

Household water costs could nearly double in some American cities as climate change further stresses municipal water systems.

Blue sign with white letters announcing the entrance to Salton Sea Recreation Area

California’s largest lake is turning to dust

The Salton Sea is drying up, worsening air pollution for people living near its shores. Authorities are working to stabilize the lakebed and lock down the dust. But for some families, it's too late.
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.