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Articles 1 - 30 of 88
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The Role Of Anticipatory, Preparatory, And Transformative Governance In Wildfire And Watershed Resilience Strategies, Robin Kundis Craig, Melinda Morgan
The Role Of Anticipatory, Preparatory, And Transformative Governance In Wildfire And Watershed Resilience Strategies, Robin Kundis Craig, Melinda Morgan
Natural Resources Journal
Wildfire is a game-changer for both communities and ecosystems throughout the West, including in New Mexico. Building resilience to increasing numbers of wildfire events, especially when wildfires can shift communities, ecosystems, and combined social ecological systems (“SESs”) past tipping points and into new regimes requires new approaches to governance. Focusing on the Hermit’s Peak/Calf Canyon fire and New Mexico residents’ ongoing response, this Article examines post-fire needs before surveying new modes of governance that can help to address those needs in a climate change era. It ends with a summary of our engagement with the participants in the “Life After …
Climate Change, Justice, And Equity In The Adjudication Of Hermit’S Peak/Calf Canyon Fire Claims, Brett Phelps
Climate Change, Justice, And Equity In The Adjudication Of Hermit’S Peak/Calf Canyon Fire Claims, Brett Phelps
Natural Resources Journal
Large-scale, climate-driven wildfire has become a recurring and foreseeable feature of life in the American West, creating long-term consequences for forests, watersheds, and rural communities. The 2022 Hermit’s Peak/Calf Canyon Fire, the largest wildfire in New Mexico history, provides an opportunity to examine how a federally created compensation statute functions once a climate disaster moves from legislation and rulemaking into adjudication. Sparked by prescribed burns on public land, the fire led Congress to enact the Hermit’s Peak/Calf Canyon Fire Assistance Act, directing the Federal Emergency Management Agency (“FEMA”) to provide expeditious and just compensation for injuries resulting from the fire. …
Adapting The Hermit’S Peak/Calf Canyon Fire Assistance Act To Address The Needs Of The Community It Was Meant To Serve, Kieran Raney
Adapting The Hermit’S Peak/Calf Canyon Fire Assistance Act To Address The Needs Of The Community It Was Meant To Serve, Kieran Raney
Natural Resources Journal
In 2022, New Mexico experienced its worst documented wildfire season on record, and the Hermit’s Peak/Calf Canyon Fire was the largest among them. Over 340,000 acres of Northern New Mexico burned, devastating a multi-generational, subsistence community. In response, Congress passed the Hermit’s Peak Fire Assistance Act, the second-ever act of its kind to provide full and expeditious compensation for wildfire damage. Yet, more than four years later, many community members still have not received any funding and litigation continues over whether the Act is meant to provide noneconomic damages. This Comment outlines the steps of the rulemaking process to argue …
Trial By Fire: Disaster Justice And Lessons Learned, Clifford J. Villa
Trial By Fire: Disaster Justice And Lessons Learned, Clifford J. Villa
Natural Resources Journal
Disaster Justice reflects the intersection of environmental justice and disaster law. The study of disaster justice is becoming increasingly essential as disasters become more frequent and devastating in the face of accelerating climate change. Disaster law is marked by statutes such as the federal Stafford Act and by theory such as the “disaster cycle” of readiness, response, and recovery. Environmental justice recognizes that the distribution of harms such as bad air or water quality may be distributed inequitably among groups such as low-income populations or racial minorities. In similar fashion, the adverse impacts of disasters may also be distributed inequitably …
Fluid Geographies: Water, Science, And Settler Colonialism In New Mexico, Wiley K. Waggoner
Fluid Geographies: Water, Science, And Settler Colonialism In New Mexico, Wiley K. Waggoner
Natural Resources Journal
No abstract provided.
You Are What You Spray: How New Mexico Can Better Protect Farmworkers From Pesticides, Rachel Swanteson-Franz
You Are What You Spray: How New Mexico Can Better Protect Farmworkers From Pesticides, Rachel Swanteson-Franz
Natural Resources Journal
The impact of pesticides on farmworkers is at the intersection of environmental and labor law. Existing federal regulations designed to protect farmworkers from pesticide exposure and illness have failed to adequately do so. While some states have tried to fill these gaps by enacting state regulations, New Mexico is not one of them. However, by borrowing and combining regulatory protections from other states, New Mexico could become a leader in this area. This note first provides a detailed summary of the federal protections and the regulatory history while summarizing criticisms from farmworker advocates. Next, it provides a comprehensive overview of …
Inclusive Workforce Development For An Equitable Low-Carbon Transition, Shannon Sanchez-Youngman, Gabriel Pacyniak, Melanie Sayuri Sonntag, Addison Fulton
Inclusive Workforce Development For An Equitable Low-Carbon Transition, Shannon Sanchez-Youngman, Gabriel Pacyniak, Melanie Sayuri Sonntag, Addison Fulton
Natural Resources Journal
The shift to a low-carbon economy will require a massive build out of low-carbon technologies, which in turn will require millions of new laborers with specific skills. Similarly, the decline of fossil-fuel industries will require retraining and new job opportunities for laborers in these fields. At the same time, there is an emerging scholarly focus on a “just transition” to a low-carbon economy. This essay conceptualizes inclusive workforce development as a key component of a just transition. Inclusive workforce development promotes policies that reach and effectively serve the broadest possible range of people and communities. In particular, inclusive workforce development …
Introduction, Danielle Lopez, Lauren Hewitt
Introduction, Danielle Lopez, Lauren Hewitt
Natural Resources Journal
No abstract provided.
Before The Streetlights Come On: Black America’S Urgent Call For Climate Solutions, Caroline Dunn
Before The Streetlights Come On: Black America’S Urgent Call For Climate Solutions, Caroline Dunn
Natural Resources Journal
No abstract provided.
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Environmental Justice Is A Civil Rights Issue, Dennis Chavez Memorial Lecture (Sept. 22, 2022), Secretary Deb Haaland
Environmental Justice Is A Civil Rights Issue, Dennis Chavez Memorial Lecture (Sept. 22, 2022), Secretary Deb Haaland
Natural Resources Journal
No abstract provided.
Bend Down Select: Analysis Of Secondhand Clothing Waste In Africa Under The Current Anti-Dumping Regime, Bisi Ogunmefun
Bend Down Select: Analysis Of Secondhand Clothing Waste In Africa Under The Current Anti-Dumping Regime, Bisi Ogunmefun
Natural Resources Journal
The second-hand clothing market is a multi-billion-dollar industry that has helped many developing countries stimulate their economy. Over the years, however, the quality of secondhand clothing has declined as the fast-fashion market rises. Countries such as India and the Philippines have banned secondhand clothing imports to protect their textile industries from demise. African countries like Kenya, Rwanda, and Uganda also attempted to ban secondhand clothing imports but were sanctioned with a threat of removal from the African Growth Opportunity Act. This article explores how Anti-Dumping Laws fail to fulfill their ordinary meaning in the secondhand fashion market in African countries …
Symposium On New Mexico's Just Transition, Melanie Coffing, Logan Stokes
Symposium On New Mexico's Just Transition, Melanie Coffing, Logan Stokes
Natural Resources Journal
A Just Transition aims to develop capacity for a low-carbon, climate-resilient economy while maximizing benefits and minimizing hardships for working communities. The ideation and implementation of such a sweeping, intersectional policy framework requires thoughtful conversation, collaborative action, and years of dedication from community members and policy makers alike. On November 3, 2023, the Natural Resources Journal, through the University of New Mexico School of Law, and the New Mexico Speaker of the House, Javier Martínez, hosted the Symposium on New Mexico’s Just Transition. Students from the law school and the Natural Resources Journal had the opportunity to collaborate with community …
Climate Change Will Make The Final Call In New Mexico's Groundwater Appropriation, Lauren Hewitt
Climate Change Will Make The Final Call In New Mexico's Groundwater Appropriation, Lauren Hewitt
Natural Resources Journal
No abstract provided.
From Austin To Santa Fe: Exploring The Prosecution Of Environmental Crimes Within Epa Region 6, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy
From Austin To Santa Fe: Exploring The Prosecution Of Environmental Crimes Within Epa Region 6, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy
Natural Resources Journal
Criminal violations of environmental law are prosecuted by EPA and DOJ. Despite decades of such prosecutions, there has been relatively little analysis done towards understanding existing patterns in criminal prosecution of environmental crimes, especially on a regional basis. This article analyzes the 287 prosecutions which occurred in EPA Region 6 between 1983–2022, out of the 2,807 total environmental crimes prosecuted by all of EPA during that period. In the selected cases, defendants were cumulatively assessed with over $908 million in monetary penalties, 225 years of incarceration, and 1,032 years of probation. At 43 percent of the selected prosecutions, water pollution …
Case Note: Mind The (Federal) Gap: Nuisance Claims In The Tenth Circuit To Address Climate Change, Serafina Seluja
Case Note: Mind The (Federal) Gap: Nuisance Claims In The Tenth Circuit To Address Climate Change, Serafina Seluja
Natural Resources Journal
No abstract provided.
Case Note: The Ultimate Nuisance: Climate Change Comes To Federal Court In City Of New York V. Chevron Corp., Dr. Jeremy Wirths
Case Note: The Ultimate Nuisance: Climate Change Comes To Federal Court In City Of New York V. Chevron Corp., Dr. Jeremy Wirths
Natural Resources Journal
No abstract provided.
Book Review: Under A White Sky: The Nature Of The Future, J. Spenser Lotz
Book Review: Under A White Sky: The Nature Of The Future, J. Spenser Lotz
Natural Resources Journal
No abstract provided.
Book Review: Climate Change And The Voiceless: Protecting Future Generations, Wildlife, And Natural Resources, Jacqueline Hoswell
Book Review: Climate Change And The Voiceless: Protecting Future Generations, Wildlife, And Natural Resources, Jacqueline Hoswell
Natural Resources Journal
No abstract provided.
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Book Review: Environmental Justice In New Mexico: Counting Coup, Denisse Enriquez
Book Review: Environmental Justice In New Mexico: Counting Coup, Denisse Enriquez
Natural Resources Journal
No abstract provided.
The Reform Of The Compensation System For Ecological And Environmental Damage In China: Natural Resources, Environmental Enforcement, And Legislation, Weiyu Wu
Natural Resources Journal
The establishment of the Compensation System for Ecological and Environmental Damage promises to be a milestone development in China’s environmental regulations. Historically, China has used two main legal tools—direct regulation and public interest litigation—to cope with the ecological and environmental damage under its current environmental laws and management systems, but they are unable to effectively break the paradox of “polluted by the enterprises, suffered by the public, paid by the government.” China’s new Compensation System for Ecological and Environmental Damage is becoming a feasible method to comprehensively remedy China’s damaged environment by imposing negotiation and litigation against liable parties that …
Creating Social Change Through Art: The Greater Chaco Art Zines, Jeanette Hart-Mann, Asha Canalos
Creating Social Change Through Art: The Greater Chaco Art Zines, Jeanette Hart-Mann, Asha Canalos
Natural Resources Journal
This interview with Jeanette Hart-Mann and Asha Canalos took place on March 6, 2020 in Albuquerque, New Mexico. This interview was conducted in person and edited by Ariel MacMillan-Sanchez.4 Hart-Mann and Canalos explained the importance of the Greater Chaco Art Zines project, how it came to fruition, the issues of censorship that surround it, and their perspectives on generating meaningful change. Some of the art pieces discussed in this interview are published in this article. If you would like to get involved or wish to see more of the art pieces discussed in this interview please visit https://greaterchacoartzines.org/.
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
Includes Acknowledgement by Serena R. Wheaton & Jennifer Brannen Co-Editors-In-Chief
Second Generation Property Rights Issues, Katrina M. Wyman
Second Generation Property Rights Issues, Katrina M. Wyman
Natural Resources Journal
For decades, scholarship, inspired by Ronald Coase and advocating greater use of property rights and markets, has focused on important “first generation” issues related to establishing property rights. This article makes two main points. First, it highlights the potential for things to go awry after property rights have been established in environmental resources. In emphasizing that property rights may become misallocated, this article draws on the theoretical arguments recently advanced by Eric Posner, Glen Weyl, and Lee Fennell that private property can lead to allocative inefficiency. Second, this article highlights three categories of explanations for why environmental property rights are …
Book Review: Sustainability: Approaches To Environmental Justice And Social Power, Melanie Mcnett
Book Review: Sustainability: Approaches To Environmental Justice And Social Power, Melanie Mcnett
Natural Resources Journal
No abstract provided.
Vertical And Horizontal Modes Of Injustice In Air Pollution: A Comparison Of Law And Society In China And The Us, Mingjie Hoemmen
Vertical And Horizontal Modes Of Injustice In Air Pollution: A Comparison Of Law And Society In China And The Us, Mingjie Hoemmen
Natural Resources Journal
This article will compare legal remedies to both pollution and environmental injustice available in the United States and China. In 2015, China adopted a law that shares many features with the U.S. Clean Air Act that have proven successful in the United States. The law is still new, but China’s regional cultural differences, less experience with civil lawsuits, and uncertainty about the rule of law may risk its effectiveness. Furthermore, the evolving political situation in both China and the United States may change availability of remedies for class discrimination due to anti-pollution policies. Finally, this article will use the case …
Introduction, Logan Glasenapp
Alchemical Rulemaking And Ideological Framing: Lessons From The 40-Year Battle To Regulate Mercury Emissions From Electric Power Plants, Andrew Carter
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