2019
DOI: 10.1007/s10612-018-9426-7
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Utilising Principles of Earth Jurisprudence to Prevent Environmental Harm: Applying a Case Study of Unconventional Hydraulic Fracturing for Shale Gas in the United Kingdom

Abstract: Approaching behaviour that produces environmental harm through the medium of criminal sanctions (largely involving monetary penalties) has been criticised consistently as failing to prevent environmental crimes and harms, and failing to concurrently reduce environmental re-offending. Furthermore, important state-corporate political and economic relationships exist that ensure the continuation of environmental degradation. We suggest that a way to overcome this is to re-work the current legal system to one grou… Show more

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Cited by 13 publications
(9 citation statements)
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“…On 13 July 2022, campaigners secured legal personhood for Spain's Mar Menor lagoon—the first ecosystem in Europe to be granted such status (McLaren‐Kennedy, 2022). In the United Kingdom, where Rights of Nature sentiment is certainly growing, it looks like the combination of citizen protest and a determined local councillor's frustration with water company inaction will soon lead to legal rights being conferred on the River Ouse (Kaminsky, 2023; on other similar campaigns see Kaminsky, 2021; Lampkin & Wyatt, 2020; Lawyers for Nature, 2021; Stockwell, 2022). Such success can only encourage further campaigns.…”
Section: Rights Of Naturementioning
confidence: 99%
“…On 13 July 2022, campaigners secured legal personhood for Spain's Mar Menor lagoon—the first ecosystem in Europe to be granted such status (McLaren‐Kennedy, 2022). In the United Kingdom, where Rights of Nature sentiment is certainly growing, it looks like the combination of citizen protest and a determined local councillor's frustration with water company inaction will soon lead to legal rights being conferred on the River Ouse (Kaminsky, 2023; on other similar campaigns see Kaminsky, 2021; Lampkin & Wyatt, 2020; Lawyers for Nature, 2021; Stockwell, 2022). Such success can only encourage further campaigns.…”
Section: Rights Of Naturementioning
confidence: 99%
“…Activists united on the commonly held beliefs that opencast coal mines (unlike deep mining) would have a detrimental impact on the lives of local communities (Beynon et al 2000). These concerns parallel the apprehensions of contemporary communities exposed to unconventional fracking operations in the UK, which are operated with the aim of extracting gas from deeply formed impermeable shale formations, but require considerable surface disturbance (Lampkin 2018;Lampkin and Wyatt 2020).…”
Section: Opencast Mining and The Pont Valley Campaignmentioning
confidence: 99%
“…Unlike the Brazilian and Bolivian examples, discussed above, anti-fracking activism in the UK has been comparatively successful: after intense environmental resistance, a second ban on fracking was implemented by the government in November 2019. While such activism was met with fierce state responses (Gilmore et al 2016), environmental activists were successful in ensuring a series of legislative changes that resulted in restrictions to what fracking companies can and cannot do when it comes to pollution, waste disposal and anthropogenically induced seismicity, such as the Infrastructure Act 2015 (see Lampkin and Wyatt 2020). What green criminology foregrounds in all of these examples is the power relationships that exist between the state and environmental defenders that are underpinned by the anthropocentrism of the capitalist political economy.…”
Section: Theorizing Environmental Protestmentioning
confidence: 99%
“…They too are shaped by uneven power dynamics that can privilege ideas and voices from the Global North and uncritically promote positivistic crime science, policing and legalistic approaches to understanding and addressing crime in differing contexts (Carrington and Hogg 2017;Carrington, Hogg and Sozzo 2016). Such dynamics are important in understanding how crime, perpetrators, causes and the needed solutions are defined, understood, and justified (Lampkin and Wyatt 2019;Lynch, Michalowski and Groves 2000;Ruggiero and South 2013;White and Heckenberg 2014). We now find these dynamics from criminology and policing overlapping and intersecting with conservation concerns, policymaking and practice.…”
Section: Global Meetings and The Creation Of Biodiversity Conservatiomentioning
confidence: 99%