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Green and Grey: Water Justice, Criminalization, and Resistance

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Abstract

Since its initial proposal in the 1990s, ‘green criminology’ has focused on environmental crimes and harms affecting non-human and human life, ecosystems, and the planet as a whole. Describing global trends toward privatization of water supply systems and the criminalization of several water conservation activities and tactics, this paper employs theoretical perspectives offered by green, cultural, and critical criminologies, focusing on overt resistance to water privatization and oppressive regulations governing rainwater storage and residential water recycling. Taking a critical theoretical perspective, this paper examines water access and autonomy, individuals and groups openly resisting the criminalization of household water reuse and storage, and the cultural significance of water. This paper concludes with an exploration of the potential benefits of a green cultural criminology.

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Notes

  1. A concern in constructing this work is over the spelling of “greywater.” As will become clear from the literature, there are many ways to “correctly” spell greywater, but no decidedly correct single spelling exists. Indeed, many of the instructional manuals and materials consulted note explicitly that there are many options—greywater, grey water, graywater, and gray water each make an appearance. Because the “greywater” spelling seems to dominate the American literature most referenced here, it is the spelling I have used. It should be noted, though, that differences in spelling do not indicate a difference in method: the “gray water” systems of London are, essentially, no different than the “greywater” systems of Oakland.

  2. Here, Shiva paints a picture of historic water management practices that is highly romanticized. While “sustainability and accessibility to all” may well have been among the goals of earlier management systems, it is unlikely that those systems “ensured” those outcomes.

  3. While Garland’s assessment is useful when applied to the control of water, it is problematic in that it gives supremacy to the concept of “order” as constructed by the Global North. It should be noted, then, that Garland likely overreaches in his insistence that “desire for security, orderliness, and control, for the management of risk” is present in “any” culture.

  4. In this paper, I use terminology that reflects the intention of the writers and actors to whom I make reference, while accounting—where possible—for some of the concerns raised by previous work. I rely, for example, on the use of the terms “human,” “animal,” and “animal other than human” in categorizing living things. There is reason, to be sure, for green criminologists to pay careful consideration to the language used in their work; speciesism is a real and valid concern, or should be, and as such it has real consequences. In the establishment of a green criminological discourse, efforts should be made in earnest to avoid the ‘othering’ of nonhuman animals (Beirne 2007, p. 62; Beirne 2009; Cazaux 2007). Because this work focuses primarily on human responses to water injustice, it is inherently reflective of an anthropocentric ecophilosophical perspective, rather than the more inclusive ecocentric and biocentric philosophical perspectives, and consequently it is written in the language of anthropocentrism. Similarly, throughout this work I have used language that may serve to separate humanity from broader dimensions and conceptualizations of nature. There is, however, a body of literature that rightly problematizes this tendency. My intention is not to reify problematic divides in human conceptualizations of nature, but rather to maintain a focus on human management of (and relationships with) water.

  5. There are at least two distinct conceptualizations of the D.I.Y. ethic. Recently, the D.I.Y. moniker has been adopted by an ethic that employs D.I.Y. practices as primarily an economic tool rather than a form of political resistance. This depoliticized form of D.I.Y. is inherently capitalistic, and is made most visible by the emergence of the D.I.Y. Network, a cable channel dedicated to showing homeowners potential cheap fixes for household problems. The form of D.I.Y. that is discussed in this paper is a more overtly politicized form, an “ethic born in reaction against a dominant society that considers culture primarily in terms of a profit-generating, commercial enterprise” (Duncombe 2008).

  6. As Marx (1932) described, the alienation from basic needs is a crucial step in the essential power of capital to accumulate and commoditize.

  7. Harrington’s case is particularly interesting when considering the various ways that it highlights his relationships with and conceptualizations of water, state power, and property. Harrington clearly operates on something akin to a neoliberal and capitalist-libertarian logic, insisting that the water he has collected is “his” by virtue of its presence on “his” property, giving him justification for diverting water from the commons. For Harrington, the state has exercised its power to supersede his property rights, and so his indignation flows forth from that perceived slight. In contrast, water activists that reject the neoliberal libertarian logics that imbue Harrington’s resistance would likely reject his claims of ownership, insisting instead that he allow water to flow to—and from—the commons.

References

  • Abbey, E. (1990). Hayduke lives!. New York: Little, Brown, & Company.

    Google Scholar 

  • Agnew, R. (2012). Dire forecast: A theoretical model of the impact of climate change on crime. Theoretical Criminology, 16(1), 21–42.

    Article  Google Scholar 

  • Akella, A. S., & Cannon, J. B. (2004). Strengthening the weakest links: Strategies for improving the enforcement of environmental laws globally. Center for Conservation and Government (pp. 1–34). Washington, DC.

  • Allen, L., & Woelfe-Erskine, C. (2007). Grey gold. In C. Woelfe-Erskine, J. Cole, & L. Allen (Eds.), Dam nation: Dispatches from the water underground (pp. 146–154). Brooklyn: Soft Skull Press.

    Google Scholar 

  • Allen, L., & Woelfe-Erskine, C. (2013). About greywater action. For a sustainable water culture. Retrieved March 16, 2013, from Greywater Action http://greywateraction.org/content/about-us.

  • Barlow, M. (2008). Blue covenant. New York: The New Press.

    Google Scholar 

  • Beirne, P. (2007). Animal rights, animal abuse, and green criminology. In P. Beirne & N. South (Eds.), Issues in Green Criminology (pp. 55–85). Portland, OR: Willan.

    Google Scholar 

  • Beirne, P. (2009). Confronting animal abuse. Lanham, MA: Rowman and Littlefield.

    Google Scholar 

  • Block, A. A. (2002). Environmental crime and pollution: Wasteful reflections. Social Justice, 29(1–2), 61–81.

    Google Scholar 

  • Brisman, A. (2009). The indiscriminate criminalisation of environmentally beneficial activites. In R. White (Ed.), Global environmental harm: Criminological perspectives (pp. 161–192). Portland, OR: Willan.

    Google Scholar 

  • Brisman, A., & South, N. (2013). A green-cultural criminology: An exploratory outline. Crime, Media, Culture, 9(2), 115–135.

    Article  Google Scholar 

  • Brook, D. (1998). Environmental genocide: Native Americans and toxic waste. American Journal of Economics and Sociology, 57(1), 105–113.

    Article  Google Scholar 

  • Cazaux, G. (2007). Labeling animals: Non-speciesist criminology and techniques to identify other animals. In P. Beirne & N. South (Eds.), Issues in green criminology (pp. 87–113). Portland, OR: Willan.

    Google Scholar 

  • del Moral, A. (2007). Reaping the rain. In C. Woelfe-Erskine, J. Cole, & L. Allen (Eds.), Dam nation: Dispatches from the water underground (pp. 100–109). Brooklyn: Soft Skull Press.

    Google Scholar 

  • Duncombe, S. (2008). Notes from underground: Zines and the politics of alternative culture. New York: Microcosm Press.

    Google Scholar 

  • Ferrell, J. (2001). Tearing down the streets: Adventures in urban anarchy. New York: Palgrave.

    Google Scholar 

  • Ferrell, J. (2006). Empire of scrounge. New York: New York University Press.

    Google Scholar 

  • Ferrell, J. (2013a). Tangled up in green: Cultural criminology and green criminology. In N. South & A. Brisman (Eds.), Routledge international handbook of green criminology (pp. 349–364). New York: Routledge.

    Google Scholar 

  • Ferrell, J. (2013b). Cultural criminology and the politics of meaning. Critical Criminology, 21(3), 257–271.

    Article  Google Scholar 

  • Ferrell, J., & Sanders, C. R. (1995). Cultural criminology. Boston, MA: Northeastern University Press.

    Google Scholar 

  • Garland, D. (2001). The culture of control. Chicago: University of Chicago Press.

    Google Scholar 

  • Guerilla Graywater Girls. (2002). Water and graywater. In C. Woelfle-Erskine (Ed.), Urban wilds (pp. 92–95). Oakland, CA: AK Press.

  • Halebsky, S., & Harris, R. (1995). Capital, power, and inequality in Latin America. Boulder, CO: Westview Press.

    Google Scholar 

  • Halsey, M. (2004). Against ‘green’ criminology. British Journal of Criminology, 44(4), 833–853.

    Article  Google Scholar 

  • Halsey, M., & White, R. (1998). Crime, ecophilosophy, and environmental harm. Theoretical Criminology, 2(3), 345–371.

    Article  Google Scholar 

  • Heaney, S. (2000). Gifts of rain. In S. Heaney (Ed.), Poems, 19651975 (pp. 101–103). New York: Farrar, Strauss and Giroux.

  • Hristov, J. (2005). Democracy or hunger and terror: Neoliberalism and militarization in Latin America. Social Justice, 32(2), 89–114.

    Google Scholar 

  • Institute for Social Justice. (2012). Social justice and IIPSJ. Retrieved April 23, 2013, from Institute for Social Justice http://www.iipsj.org.

  • Johnson, K. (2009, June 28). It’s now legal to catch a raindrop in Colorado (pp. A1–A3). The New York Times.

  • Lanier, M. M., & Henry, S. (2010). Essential criminology. Boulder, CO: Westview Press.

    Google Scholar 

  • Larocca, A. (2007, November 18). Liquid gold in Morocco (pp. 640–641). The New York Times.

  • Lee, J. R. (2009). Climate change and armed conflict: Hot and cold wars. New York, NY: Routledge.

    Google Scholar 

  • Lehmkuhl, D. (2008). Control modes in the age of transnational governance. Law & Policy, 30(3), 336–363.

    Article  Google Scholar 

  • Ludwig, A. (1995). Builder’s greywater guide: Laws, design, and treatment effectiveness. Santa Maria, CA: Poor Richard’s Press.

    Google Scholar 

  • Lynch, M. J. (1990). The greening of criminology: A perspective on the 1990s. Critical Criminologist, 2(3–4), 165–169.

    Google Scholar 

  • Marx, K. (1932). Economic and philosophic manuscripts of 1844 (pp. 29–32) (trans. M. Mulligan). Moscow: Progress Publishers.

  • McLamb, C. (2004). Graywater: The next wave. Suwanee, GA: Graywater Resource.

    Google Scholar 

  • McMullan, J. L., & Perrier, D. C. (2002). Lobster poaching and the ironies of law enforcement. Law & Society Review, 36(4), 679–720.

    Article  Google Scholar 

  • Mol, H. (2013). ‘A gift from the tropics to the world’: Power, harm, and palm oil. In R. Walters, D. Westerhuis & T. Wyatt (Eds.), Emerging issues in green criminology: Exploring power, justice and harm (pp. 242–260).

  • Nixon, R. (2011). Slow violence and the environmentalism of the poor. Cambridge, MA: Harvard University Press.

    Book  Google Scholar 

  • Pinderhughes, R. (2009). The impact of race on environmental quality: An empirical and theoretical discussion. Sociological Perspectives, 39(2), 231–248.

    Article  Google Scholar 

  • Pinsent Masons International. (2013). 2012 Water yearbook. London: Pinsent Masons.

    Google Scholar 

  • Roberts, M. J., & Moore, R. (2009). Peace punks and punks against racism: Resource mobilization and frame construction in the punk movement. Music and Arts in Action, 2(1), 21–36.

    Google Scholar 

  • Ruggiero, V. (2002). Moby Dick and the crimes of the economy. British Journal of Criminology, 42, 96–108.

    Article  Google Scholar 

  • Ruggiero, V., & South, N. (2013). Green criminology and crimes of the economy: Theory, research and praxis. Critical Criminology, 21(3), 359–373.

  • Serageldin, I. (2012). About Ismail Serageldin. Retrieved April 27, 2013, from Serageldin.com http://www.serageldin.com/Water.htm.

  • Shiva, V. (2002). Water wars. Cambridge, MA: South End Press.

    Google Scholar 

  • Sollund, R. (2008). Global harms: Ecological crime and speciesism. Oslo: Nova Science Publishing.

    Google Scholar 

  • Sollund, R. (2013). The victimization of women, children, and non-human species through trafficking and trade: Crimes understood through an eco-feminist perspective. In N. South & A. Brisman (Eds.), Routledge international handbook of green criminology (pp. 317–329). Portland, OR: Routledge.

    Google Scholar 

  • South, N. (1998). A green field for criminology? A proposal for a perspective. Theoretical Criminology, 2, 211–233.

  • Stephens, S. (2009). Reflections on environmental justice: Children as victims and actors. Social Justice, 23(4), 62–86.

    Google Scholar 

  • Stretesky, P. B. (2006). Corporate self-policing and the environment. Criminology, 44(3), 671–708.

    Article  Google Scholar 

  • Tailby, R., & Gant, F. (2002). The illegal market in Australian abalone. Trends & Issues in Crime and Criminal Justice, 225, 1–6.

  • Wachholz, S. (2007). At risk: Climate change and its bearing on women’s vulnerability to male violence. In P. Beirne & N. South (Eds.), Issues in green criminology (pp. 161–185). Portland, OR: Willan.

    Google Scholar 

  • White, R. (2002). Environmental harm and the political economy of consumption. Social Justice, 29(1/2), 82–102.

    Google Scholar 

  • White, R. (2007). Green criminology and the pursuit of social and ecological justice. In P. Beirne & N. South (Eds.), Issues in green criminology (pp. 32–54). Devon, UK: Willan.

    Google Scholar 

  • White, R. (2008–2009). Toxic cities: Globalizing the problem of waste. Social Justice, 30(3), 107–119.

  • White, R. (Ed.). (2009). Environmental issues and the criminological imagination. In Environmental crime: A reader (pp. 63–83). Portland, OR: Willan.

  • White, R. (2011). Transnational environmental crime: Toward an eco-global criminology. London: Routledge.

  • White, R. (2013a). Eco-global criminology and the political economy of environmental harm. In N. South & A. Brisman (Eds.), Routledge international handbook of green criminology (pp. 243–260). New York, NY: Routledge.

    Google Scholar 

  • White, R. (2013b). Environmental harm: An eco-justice perspective. Bristol: Policy Press.

    Book  Google Scholar 

  • World Watch Institute. (2013, April 22). Water taxonomy. Retrieved April 27, 2013, from Worldwatch Institute http://www.worldwatch.org/taxonomy/term/102.

  • Wyatt, T. (2012). Green criminology and wildlife trafficking: The illegal fur and falcon trades in Russia Far East. Saarbrücken: Lambert.

    Google Scholar 

  • Wyatt, T. (2013). Wildlife trafficking: A deconstruction of the crime, the victims, and the offenders. New York: Palgrave Macmillan.

    Book  Google Scholar 

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Acknowledgments

I’d like to acknowledge, first and foremost, Avi Brisman. Without his support, insight, friendship, and guidance this paper would not have been possible. I’d also like to thank Judah Schept and Tyler Wall, who—along with the entire Justice Studies community at Eastern Kentucky University—have been instrumental in guiding this project. Thanks are also due to Dave Kauzlarich, Travis Linnemann, and the anonymous reviewers whose insights guided the final stages of this paper and made its publication possible. The European Social and Economic Research Council (ESRC) allowed me the opportunity to present an earlier draft of this work at the October, 2013 Seminar on Brown Crime: Hazardous Waste and Pollution, held at Northumbria University, and I would like to thank the attendees, presenters, and organizers of that event—particularly Tanya Wyatt and Nigel South—for their constructive and helpful input. This paper was awarded the second-place prize in the graduate student paper competition at the American Society of Criminology’s (ASC) Division on Critical Criminology (DCC) meeting in 2013, and I’d like to thank and acknowledge the entire DCC community, which has been an exceptional help and resource in these early stages of my academic career. Lastly, I’d like to thank Maria Bordt, whose patience, insight, support, and partnership have made completion of this project a more wonderful and rewarding experience.

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Correspondence to Bill McClanahan.

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McClanahan, B. Green and Grey: Water Justice, Criminalization, and Resistance. Crit Crim 22, 403–418 (2014). https://doi.org/10.1007/s10612-014-9241-8

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