☢️ Scientists and environmentalists are trying to jump-start activity on an area of nuclear energy they say has been overlooked: what to do with the waste, Chuck and Nick write.

Why it matters: Lawmakers are embracing what they see as nuclear's potential in bipartisan fashion. But if it is to be a prominent climate change solution, scientists and others say getting rid of radioactive waste long term must become a bigger piece of the puzzle.

• "It would be very irresponsible for us to continue down the road of advanced reactors and so forth if we don't fix the back-end spent fuel issue," said Rep. Mike Levin, who co-chairs the Spent Nuclear Fuel Solutions Caucus.

Driving the news: Some in the waste world say a recent court ruling shows the need to take disposal more seriously.

• The U.S. Court of Appeals for the Fifth Circuit said the Nuclear Regulatory Commission lacks authority to grant licenses to private companies to store waste away from reactor sites — a potential blow to proposed high-level temporary sites in West Texas and New Mexico.
• An NRC spokesperson said the commission "stands by its licensing decision" and would consult with the Justice Department.
• The decision underscores that "the federal government needs to play a leadership role in developing one or more consent-based, interim storage sites," Levin told Nick.

The American Nuclear Society last month issued a report calling for an update of the decades-old public health and safety standards governing permanent disposal of commercial spent fuel and high-level waste at future repository sites.

Meanwhile, New Mexico officials last month issued a draft 10-year permit for the Waste Isolation Pilot Plant (WIPP), a repository opened in 1999 to bury certain defense-generated waste.

• The permit contains a provision that environmentalists sought requiring the Energy Department to summarize its progress annually, with the goal of finding a new repository to be located outside of New Mexico.
• "There needs to be more focus on resolving the waste issues ... New Mexico has done its part with [WIPP], but you have to have a long-term repository," Sen. Martin Heinrich told Nick.
• Lawmakers should begin by giving the Environmental Protection Agency several million dollars to start drafting new standards, said Don Hancock, director of the nuclear waste program at Albuquerque's Southwest Research and Information Center.

Context: The only permanent U.S. high-level storage site to have been studied since the 1980s is Nevada's Yucca Mountain. It's been mothballed since the Obama administration amid unyielding opposition from the state.

• The Biden administration is proceeding with a "consent-based siting" approach for interim storage that doesn't dictate where to put waste. The DOE in June announced $26 million for various groups to work with communities interested in the approach.

Environmentalists want Congress to pass a bill introduced in 2021 by Levin and Sen. Ed Markey. It would set up a task force to explore how to best achieve consent-based siting for permanent storage.

• Levin said he plans to reintroduce it this Congress.

The big picture: Pretty much everyone involved in the issue thinks Congress is going to need to step in at some point.

• "Certainly, things like moving forward with consolidated interim storage can proceed in the near term while we await that more comprehensive action," said John Kotek, senior vice president of policy development and public affairs at the Nuclear Energy Institute.
• "But ultimately, what's going to be required is legislative action that encompasses all aspects of the back end of the fuel cycle," he said.

Yes, but: Sen. John Hickenlooper acknowledged that tackling waste would be "very difficult."

• "There is this notion of one's backyard [being] so sacred," he said.

Here's what else we've got our eyes on this week...

1. 💵 Money moves: The Senate will advance its first three spending bills — ag, military construction and transportation — "as early as next week," per a statement from Patty Murray and Susan Collins.

• Senate appropriators have already moved all 12 of their bills through committee.
• We've got you covered with our broader preview of the coming approps drama.

2. 🌊 Help on the way: Sens. Rick Scott and Marco Rubio unveiled their bill today to dole out $16.5 billion to refill FEMA's Disaster Relief Fund.

• This is an attempt to separate disaster relief for hurricane and wildfire victims from Ukraine aid, a sticking point for conservatives.
• They're pushing for immediate passage, but Sen. Tammy Duckworth has indicated she'd object to unanimous passage of a disaster bill without Ukraine money attached.

3. 🤖 DOE takes on AI: The Senate Energy Committee will hear tomorrow from deputy energy secretary David Turk on his agency's role in AI tech.

• "The question is, how do we maintain DOE's leadership? What is their role in the overall ecosystem, given their expertise is exascale computing?" committee member Martin Heinrich said to Nick.

4. 🗣️ Insurance focus: Senate Banking will discuss property insurance tomorrow as extreme weather events continue to batter the nation, including some incidents directly linked to climate change.

• One of the scheduled witnesses is from the Consumer Federation of America, which has supported the SEC's climate impact disclosure efforts.

5. 💰 Fresh ESG angst: House Republicans unveiled a set of fresh anti-ESG bills targeting ERISA, a key law governing retirement plans.