Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

University of New Mexico

Natural Resources Journal

Journal

2018

Articles 1 - 17 of 17

Full-Text Articles in Entire DC Network

Building The New American Economy: Smart, Fair, And Sustainable By Jeffrey D. Sachs, Serena R. Wheaton Oct 2018

Building The New American Economy: Smart, Fair, And Sustainable By Jeffrey D. Sachs, Serena R. Wheaton

Natural Resources Journal

No abstract provided.


Eating The Ocean By Elspeth Probyn, Annie Brethour Oct 2018

Eating The Ocean By Elspeth Probyn, Annie Brethour

Natural Resources Journal

No abstract provided.


Three Alternatives For Managing Free-Roaming Horses And Burros: A Legal Reform, C.J. Michaels Oct 2018

Three Alternatives For Managing Free-Roaming Horses And Burros: A Legal Reform, C.J. Michaels

Natural Resources Journal

The Wild Free-Roaming Horses and Burros Act is overdue for repeal or revision. The Wild Horse and Burro Program is expensive for taxpayers, detrimental to rangelands, and harmful to the thousands of free-roaming equines it is intended to benefit. For nearly half a century, the Bureau of Land Management and United States Forest Service have struggled to balance the mandates of the Wild Free-Roaming Horses and Burros Act amidst a political and social climate that makes compliance impossible. Forty-six years after the Act was passed, the agencies are further from arriving at a solution than they have ever been. The …


Fair And Equitable Treatment Of Foreign Investors In An Era Of Sustainable Development, Ying Zhu Oct 2018

Fair And Equitable Treatment Of Foreign Investors In An Era Of Sustainable Development, Ying Zhu

Natural Resources Journal

The long-existing debate surrounding the environmental impacts of investment liberalism has been intensified by the rapid growth of an international investment regime, which now consists of more than 3,000 international investment agreements (“IIAs”) and more than 700 investor-state arbitration cases. Many scholars, states, and non-governmental organizations (“NGOs”) fear this effective investment protection regime may intrude on or “chill” the host state’s sovereign right to regulate public interests, including environmental protection. An unsolved task for arbitral tribunals is to distinguish non-compensable legitimate environmental regulation from regulatory conduct that triggers compensation paid by host states to foreign investors.


How Wide Is Wide Enough?: Science, Values, And Law In Riparian Habitat Conservation, George Wilhere, Timothy Quinn Oct 2018

How Wide Is Wide Enough?: Science, Values, And Law In Riparian Habitat Conservation, George Wilhere, Timothy Quinn

Natural Resources Journal

Difficult environmental policy issues often elicit fervent declarations to “follow the science.” Such declarations ignore the essential role of values in policy making. The main purpose of this article is to clarify the relationships among science, values, and law in environmental policy. An important policy issue in wildlife conservation, is determining “how much is enough?” That is, what is the smallest amount of habitat or minimum population size that is adequate for the long-term survival of wildlife populations? This paper presents three case studies in which policy makers decided how much was enough for protecting freshwater salmonid habitats. The case …


The Regulatory Framework Of Produced Water In New Mexico And Why N.M. Stat. Ann. § 72-12-25(B)(1) (2009) Should Be Amended, Scott Woody Oct 2018

The Regulatory Framework Of Produced Water In New Mexico And Why N.M. Stat. Ann. § 72-12-25(B)(1) (2009) Should Be Amended, Scott Woody

Natural Resources Journal

Produced water is a problem. This brackish byproduct of oil and gas production contains salts, dissolved solids, organic compounds, and naturally occurring radioactive materials. And that is putting it nicely. Produced water is seen as a liability to oil and gas producers and is generally disposed of via reinjection or open pits. The disposal is costly and creates future environmental hazards. However, through emerging technology and minor alterations to the New Mexico Statutes, this liability can be converted to an asset for all New Mexicans.


Front Matter, Selena Sauer Oct 2018

Front Matter, Selena Sauer

Natural Resources Journal

No abstract provided.


Water Planning, Tribal Voices, And Creative Approaches: Seeking New Paths Through Tribal-State Water Conflict By Collaboration On State Water Planning Efforts, Stephen H. Greetham Apr 2018

Water Planning, Tribal Voices, And Creative Approaches: Seeking New Paths Through Tribal-State Water Conflict By Collaboration On State Water Planning Efforts, Stephen H. Greetham

Natural Resources Journal

More than a century after the Supreme Court issued its foundational Indian water law cases, only a handful of American Indian tribes have secured decrees or settlements of legally enforceable water rights. Efforts to resolve tribal water claims are typically hampered by legal and factual complexities as well as the equitable and political legacy of the United States’ western expansion. Meanwhile, those difficulties notwithstanding, planners are refining their methodologies and rising to new challenges our water resource management systems now face (e.g., climate variability, aging infrastructure, changing use-value priorities, etc.). Signaling a departure from exclusive reliance on formal dispute resolution …


New Mexico Tribal Cannabis: Policy, Politics, & Guidance For Government-To-Government Cooperation In State-Tribal Cannabis Compacting, Matthew Ramírez Apr 2018

New Mexico Tribal Cannabis: Policy, Politics, & Guidance For Government-To-Government Cooperation In State-Tribal Cannabis Compacting, Matthew Ramírez

Natural Resources Journal

The purpose of this article is three-fold. First, it aims to provide a systematic review of international, United States, state, and federal Indian law and policy surrounding cannabis cultivation, possession, and use in Indian Country. Second, it argues that the 2017 New Mexico tribal medical cannabis bills (SB 345 & HB 348), which were introduced in the first regular session of the New Mexico State Legislature and would have permitted the state to enter into intergovernmental agreements (or compacts) with tribes who choose to implement the state’s medical cannabis program on tribal lands, contained legal vulnerabilities likely to hinder their …


Grains By Bill Winders (Polity Press, 240 Pages; 2017), Sabina Gaynor Apr 2018

Grains By Bill Winders (Polity Press, 240 Pages; 2017), Sabina Gaynor

Natural Resources Journal

No abstract provided.


Human Rights And The Global Climate Change Regime, Atieno Mboya Samandari Apr 2018

Human Rights And The Global Climate Change Regime, Atieno Mboya Samandari

Natural Resources Journal

This article discusses human rights implications of the market-based mechanisms operationalized under the global climate change regime. It examines greenhouse gas emissions rights created by the Kyoto Protocol and continued by the Paris Agreement. This article discusses implications of these rights for the protection and realization of human rights in the wake of climate change and argues that greenhouse gas emissions rights, as currently constituted, are incompatible with human rights protections. While the Paris Agreement’s recognition of human rights is a significant development, the protection and realization of human rights by states under a free-market approach to climate change remains …


A Lot To Digest: Advancing Food Waste Policy In The United States, Alexandra Evans, Robin Nagele Apr 2018

A Lot To Digest: Advancing Food Waste Policy In The United States, Alexandra Evans, Robin Nagele

Natural Resources Journal

An estimated thirty-one percent of the food grown, produced, and transported in the United States is wasted annually. This waste translates into ninety-six billion pounds of food and $165 billion in lost economic value. Food waste occurs at all phases of the supply chain, stretching from farm to table, and imposes substantial economic, environmental, and social costs. This Article highlights the staggering quantity of food waste in the United States and argues that certain innovative policies and market-based initiatives that strategically target the most egregious and unjustifiable types of food waste can efficiently reduce this problem. Applying a simple cost-benefit …


Shooting Stars And Dancing Fish: A Walk To The World We Want By Antonio A. Oposa Jr. (Ramon Aboitiz Foundation Inc., 261 Pages; 2017), Olga Starcher Apr 2018

Shooting Stars And Dancing Fish: A Walk To The World We Want By Antonio A. Oposa Jr. (Ramon Aboitiz Foundation Inc., 261 Pages; 2017), Olga Starcher

Natural Resources Journal

No abstract provided.


Introduction, Logan Glasenapp Apr 2018

Introduction, Logan Glasenapp

Natural Resources Journal

No abstract provided.


Front Matter, Natural Resources Journal Apr 2018

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.


Alchemical Rulemaking And Ideological Framing: Lessons From The 40-Year Battle To Regulate Mercury Emissions From Electric Power Plants, Andrew Carter Apr 2018

Alchemical Rulemaking And Ideological Framing: Lessons From The 40-Year Battle To Regulate Mercury Emissions From Electric Power Plants, Andrew Carter

Natural Resources Journal

Environmental mercury has long been linked to adverse health impacts on human populations. Globally ubiquitous at ambient levels in air and water, it can reach potentially unsafe levels in fish as it biologically magnifies and accumulates through aquatic and marine food webs. Vulnerable communities, including many communities of color, are particularly at risk from fish-borne mercury. Despite the fact that coal-fired electric generating units have been recognized as major sources of environmental mercury since the 1970s, and that the Environmental Protection Agency discussed possible future regulations of mercury emissions from such plants in 1975, it was not until 2014 that …


Introduction, Selena Sauer Jan 2018

Introduction, Selena Sauer

Natural Resources Journal

No abstract provided.