The Wood for the Paper: Old-Growth Forest, Hemp and Environmental Harm

Abstract

This article examines the politico-legal construction of environmental harm. It does so by comparing and contrasting the production processes and legislation relating to the clearfelling of old-growth forest and harvesting of fibre hemp for paper products. It asks why it is lawful to engage in an activity which is ecologically harmful (ie clearfelling old-growth forest), and, conversely, why it is illegal to engage in an activity which is ecologically benign (ie cultivating fibre hemp). Through an explication of the relative harm resulting from the processing of these resources, questions are raised as to the ecological utility of legislation that permits the destruction of a unique resource but prohibits the harvesting of a sustainable alternative. The article suggests, amongst other things, that criminologists need to make a clear analytical distinction between events termed ‘environmental crime’ and those which might correctly be termed ‘serious instances of ecological destruction’. More generally, the paper attempts to isolate the different conceptions of environmental harm that emerge from the comparative study, and proceeds to outline some of the more serious implications for present criminological approaches to the issue of environmental harm.

Environmental Issues and the Criminological Imagination

“…Within environmental criminology, this broader conceptualization of crime or harm is often deemed essential for evaluating the systemic, as well as particularistic, nature of environmental harm. For example Halsey (1997aHalsey ( , 1997b identifies social practices that are legal but environmentally disastrous, like the clearfelling of old growth forests. A wider conception of the problem is also vital in developing a critique of existing regulatory measures designed to manage (or, as some argue, to facilitate) harm.…”

“…Thus how humans interact with particular environments presents immediate and potential risks to everything within them. For example, the practice of clearfelling old growth forests directly affects many animal species by destroying their homes (see Halsey, 1997b).…”

Can’t See the (Bamboo) Forest for the Trees: Examining Bamboo’s Fit Within International Forestry Institutions

“…However, political constraints ensue. For example, Halsey (1997) researched the production processes and legislation relating to the clear felling of oldgrowth forest and harvesting of hemp fiber for paper products. The article raised questions regarding the ecological utility of legislation that permits the destruction of a unique resource but prohibits the harvesting of a sustainable alternative.…”

A Systems-Based Approach to Green Criminology

“…The latter approach is often justified by the significant environmental harms caused by legal, everyday practices. Indeed, some of the most environmentally damaging activities (such as clearfelling old growth forests) are permitted, while comparatively benign (and even ecologically beneficial) activities that could offer a suitable replacement (i.e., hemp farming) are prohibited or tightly controlled (Halsey, 1997;Tourangeau, 2015). This criminalization of environmentally beneficial activities adds to the complexity of conceptualizing environmental harms (Brisman, 2013).…”