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Environmental Crime and Its Victims

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Environmental Crime and Its Victims ENVIRONMENTAL CRIME AND ITS VICTIMS This book contains thought-provoking perspectives drawn from theory and practice on a persisting global problem: environmental crime. In addition to important insights on ‘villains and victims’, it provides new ideas on what should be considered an environmental crime as well as practical experiences in combatting it. Its multiple perspectives and innovative research questions make it a valuable resource for anyone interested in the topic, not just criminologists. Christiane Gerstetter, Ecologic Institute, Germany and EFFACE research project (www.efface.eu) A pioneering work in the new and rapidly developing field of ‘green’ criminology, this book presents and explores in a well-structured, succinct and lucid manner various factors which set green crime apart from the conventional areas of criminal law and criminology. It explores the many challenges and factors not prevalent in traditional criminal law, and will be of value not only to academic criminal lawyers and criminologists but also administrators and members of the police force; including those involved in the enforcement of transnational environmental crime. Jan Glazewski, Institute of Marine & Environmental Law, University of Cape Town, South Africa This book provides a state-of-the-art overview of current issues of the perpetration and victimization of environmental crime in a globalized world. From pollution, e-waste, emission fraud to wildlife crime, the book grasps the many manifestations, assesses the harms, and gives direction for the policing and prevention of environmental crime. This book takes green criminology to the next level. Wim Huisman, VU University Amsterdam, The Netherlands GREEN CRIMINOLOGY Series Editors: Michael J. Lynch, University of South Florida, USA Paul B. Stretesky, University of Colorado, Denver, USA Now two decades old, green criminology – the study of environmental harm, crime, law, regulation, victimization, and justice – has increasing relevance to contemporary problems at local, national, and international levels. This series comes at a time when societies and governments worldwide seek new ways to alleviate and deal with the consequences of various environmental harms as they relate to humans, non-human animals, plant species, and the ecosystem and its components. Green criminology offers a unique theoretical perspective on how human behavior causes and exacerbates environmental conditions that threaten the planet’s viability. Volumes in the series will consider such topics and controversies as corporate environmental crime, the complicity of international financial institutions, state-sponsored environmental destruction, and the role of non-governmental organizations in addressing environmental harms. Titles will also examine the intersections between green criminology and other branches of criminology and other areas of law, such as human rights and national security. The series will be international in scope, investigating environmental crime in specific countries as well as comparatively and globally. In sum, by bringing together a diverse body of research on all aspects of this subject, the series will make a significant contribution to our understanding of the dynamics between the natural world and the quite imperfect human world, and will set the stage for the future study in this growing area of concern. Other titles in this series: Exploring Green Criminology Toward a Green Criminological Revolution Michael J. Lynch and Paul B. Stretesky Animal Harm Perspectives on Why People Harm and Kill Animals Angus Nurse Eco-global Crimes Contemporary Problems and Future Challenges Edited by Rune Ellefsen, Ragnhild Sollund and Guri Larsen Environmental Crime and its Victims Perspectives within Green Criminology Edited by TOINE SPAPENS Tilburg University, The Netherlands ROB WHITE University of Tasmania, Australia MARIEKE KLUIN Delft University of Technology, The Netherlands © Toine Spapens, Rob White, Marieke Kluin and the contributors 2014 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. Toine Spapens, Rob White and Marieke Kluin have asserted their rights under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work. Published by Ashgate Publishing Limited Ashgate Publishing Company Wey Court East 110 Cherry Street Union Road Suite 3-1 Farnham Burlington, VT 05401-3818 Surrey, GU9 7PT USA England www.ashgate.com British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library. The Library of Congress has cataloged the printed edition as follows: Spapens, A. C., author. Environmental crime and its victims : perspectives within green criminology / by Toine Spapens, Rob White, and Marieke Kluin. pages cm Includes bibliographical references and index. ISBN 978-1-4724-2278-1 (hardback : alk. paper) – ISBN 978-1-4724-2279-8 (ebook) – ISBN 978-1-4724-2280-4 (epub) 1. Offenses against the environment. 2. Pollution – Law and legislation. 3. Environmental law, International. I. White, R. D. (Robert Douglas), 1956– author. II. Kluin, Marieke, author. III. Title. K5278.S63 2014 364.1ʹ45–dc23 2014008241 ISBN 9781472422781 (hbk) ISBN 9781472422798 (ebk – PDF) ISBN 9781472422804 (ebk – ePUB) V Printed in the United Kingdom by Henry Ling Limited, at the Dorset Press, Dorchester, DT1 1HD Contents List of Figures vii List of Tables ix List of Contributors xi Preface and Acknowledgements xvii Introduction 1 Toine Spapens and Rob White PART I EXAMINING THE CRIME AND THE VICTIMIZATION PROBLEM 1 The Criminogenic Effects of Environmental Harm: Bringing a ‘Green’ Perspective to Mainstream Criminology 7 Gary Potter 2 Climate Change: A State-corporate Crime Perspective 23 Ronald Kramer 3 The Corporation as Villain and Victim: Reflections on Privilege, Complicity, Awareness, and Accountability 41 Mary Clifford 4 Environmental Victims and Criminal Justice: Proceed with Caution 63 Antony Pemberton 5 Eco-justice and Problem-solving Approaches to Environmental Crime and Victimisation 87 Rob White 6 Victims of Environmental Crime: Routes for Recognition, Restitution and Redress 103 Matthew Hall PART II CHARACTERISTICS OF DIFFERENT TYPES OF ENVIRONMENTAL CRIME 7 Trade in ‘Dirty Air’: Carbon Crime and the Politics of Pollution 121 Reece Walters and Peter Martin 8 Oil Spills: A Persistent Problem 133 Coen van Gulijk vi Environmental Crime and its Victims 9 A Decade of Violations in the Dutch Chemical Industry 149 Marieke Kluin and Ellen Jagtman 10 Illegal E-waste Transports: Exploring their Harmfulness, Scale, Social Organization and Governance 171 Lieselot Bisschop 11 Camouflage-collar Crime: An Examination of Wildlife Crime and Characteristics of Offenders in Florida 185 Matthew Crow, Tara O’Connor Shelley and Paul Stretesky 12 On the Relationship between Animal Victimization and Stigmatization of Ethnic Groups: The Case of Ritual Slaughter 205 Janine Janssen PART III COMBATING ENVIRONMENTAL CRIME 13 Invisible Victims: the Problem of Policing Environmental Crime 221 Toine Spapens 14 Project LEAF, and Interpol’s Work on Illegal Logging and Forest Crime 237 Davyth Stewart 15 Communities as Victims of Environmental Crime: Lessons from the Field 249 Melissa Jarrell and Joshua Ozymy 16 The Treadmill of Production, Planetary Boundaries and Green Criminology 263 Michael Long, Paul Stretesky and Michael Lynch 17 Assessing the Partner and Media Engagement with the International Consortium on Combating Wildlife Crime 277 Tanya Wyatt Index 293 List of Figures 3.1 Graphic representation of social system interactions 44 3.2 The centrality of the justice system in mediating system conflict 45 3.3 Social system interaction effects on the individual 46 5.1 An eco-justice perspective – three approaches to justice, rights and harms 89 5.2 The need for problem-solving methods 94 8.1 F–N curves for oil spills based on NOAA Case Histories and NOAA Response Reports 139 8.2 Individual F–N curves for NOAA Response Reports 1993–99 141 8.3 Oil spill sizes categorized by origin 143 9.1 Overview of EPA violations of all 15 corporations 153 9.2 Overview of OHSA violations of all 15 corporations 155 9.3 Enforcement actions as a proportion of violations per corporation 155 9.4 Overview of C02’s violations 156 9.5 Classification of C02’s environmental violations 157 9.6 Overview of C05’s violations 159 9.7 Classification of C05’s environmental violations 160 9.8 Overview of C07’s violations 161 9.9 Classification of C07’s environmental violations 162 9.10 Overview of C11’s violations 165 9.11 Classification of C11’s environmental violations 165 17.1 Illegal wildlife trade in the world news, 2003–11 285 17.2 Illegal wildlife trade in the world news, January 2009–June 2012 285 17.3 ICCWC in the world news, January 2009–June 2012 286 17.4 Trafficked wildlife in the world news, July 2002–July 2012 287 This page has been left blank intentionally List of Tables 8.1 Characteristics of F–N curves per NOAA reporting year 142 8.2 Data used to construct the F–N curve 146 11.1 Florida regions: wildlife and fish management areas 192 11.2 Offense category by Florida region 194 11.3 Offender demographics by region 196 11.4 Offense category by offender race/ethnicity and sex 196 11.5 Logistic regression models for offense type 197 16.1 US and World CO2 Emissions and TRI values, 2002–11 269 16.2 EPA civil and administrative enforcement of air, water, and hazardous waste violations, 2008–11 270 16.3 Number of EPA criminal prosecutions, 2002–11 271 17.1 Selected countries’ newspapers reporting about wildlife trafficking 288 17.2 Selected countries correlated to wildlife trafficking in the world news 289 This page has been left blank intentionally List of Contributors Lieselot Bisschop is a part-time post-doctoral researcher in the Governing and Policing Security research group at Ghent University,1 and Assistant Professor at the Department of Law, Police Science and Criminal Justice Administration at John Jay College of Criminal Justice, The City University of New York.
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