NASA plans to build a nuclear reactor on the Moon—a space lawyer explains why

As humanity ventures beyond Earth, the focus is shifting from mere exploration to establishing a sustainable presence on the Moon. The stakes have risen significantly, with nations now vying to lay down the groundwork for lunar bases powered by nuclear energy. In a significant development, China has announced plans to construct a nuclear power facility on the Moon by 2035 to support its international lunar research station. This ambitious project is part of a broader strategy to enhance its capabilities in space. In response, the United States has also accelerated its efforts, with acting NASA Administrator Sean Duffy indicating that plans are underway for a US nuclear reactor to be operational on the lunar surface by 2030. While this might seem like a sudden rush, the reality is that both NASA and the Department of Energy have been methodically developing small nuclear power systems for several years now. These systems are intended to support lunar habitats, mining operations, and other activities vital for long-term human presence on the Moon. From a legal perspective, this shift towards nuclear power in space isn't unprecedented. Since the 1960s, both the United States and the Soviet Union have utilized radioisotope generators to power various space missions, including satellites and exploratory rovers. The framework established by the United Nations in 1992, which outlines principles for the use of nuclear power in outer space, acknowledges the necessity of this energy source for missions where solar power is not viable. However, the introduction of nuclear reactors on the Moon does raise important questions about accessibility and governance. As nations embark on this new chapter in space exploration, it is essential to ensure that the deployment of nuclear technology is executed responsibly, fostering international collaboration and peaceful exploration rather than competition.