NASA plans to build a nuclear reactor on the Moon – A space lawyer explains why, and what the law has to say

The first space race was about flags and footprints. Now, decades later, landing on the Moon is old news. The new race is to build there, and doing so hinges on power.

- BY MICHELLE L.D. HANLON Professor of Air and Space Law, University of Mississippi

In April 2025, China reportedly unveiled plans to build a nuclear power plant on the Moon by 2035. This plant would support its planned international lunar research station. The United States countered in August, when acting NASA Administrator Sean Duffy reportedly suggested a U.S. reactor would be operational on the Moon by 2030.

While it might feel like a sudden sprint, this isn't exactly breaking news. NASA and the Department of Energy have spent years quietly developing small nuclear power systems to power lunar bases, mining operations and long-term habitats.

As a space lawyer focused on long-term human advancement into space, I see this not as an arms race but as a strategic infrastructure race. And in this case, infrastructure is influence.

A lunar nuclear reactor may sound dramatic, but its neither illegal nor unprecedented. If deployed responsibly, it could allow countries to peacefully explore the Moon, fuel their economic growth and test out technologies for deeper space missions. But building a reactor also raises critical questions about access and power.

The Moon has little atmosphere and experiences 14-day stretches of darkness. In some shadowed craters, where ice is likely to be found, sunlight never reaches the surface at all. These issues make solar energy unreliable, if not impossible, in some of the most critical regions.

A small lunar reactor could operate continuously for a decade or more, powering habitats, rovers, 3D printers and life-support systems. Nuclear power could be the linchpin for long-term human activity. And it's not just about the Moon - developing this capability is essential for missions to Mars, where solar power is even more constrained.

The legal framework already exists