Editor’s note: This is the latest installment from Will Falk as he follows the Colorado River from headwaters to delta, before heading to court to argue for the Colorado River to be recognized as having inherent rights. More details on the lawsuit are here. The index of dispatches is here.
When I agreed to serve as a “next friend” to the Colorado River in a first-ever federal lawsuit seeking personhood and rights of nature for the river, I agreed to represent the river’s interests in court. On a general level, it’s not difficult to conceptualize the Colorado River’s interests: pollution kills the river’s inhabitants, climate change threatens the snowpack that provides much of the river’s water, and dams prevent the river from flowing to the sea in the Gulf of California.
We seek personhood for the Colorado River, however, and this entails personal relationship with her. Water is one of Life’s first vernaculars and the Colorado River speaks an ancient dialect. Snowpack murmurs in the melting sun. Rare desert rain runs off willow branches to ring across lazy pools. Streams running over dappled stones sing treble while distant falls take the bass.
Personal relationship requires that you learn who the other is. Our first day in court is scheduled for Tuesday, November 14, at 10 AM [you’re invited to attend]. So, I will spend the next few weeks leading up to the court date traveling with the river, sleeping on her banks, and listening. I will ask the Colorado River who she is, and then, if she’ll tell me, I’ll ask her what she needs.
When I arrive at the United States District Court in Denver, I hope to bring the Colorado River’s answer.
(I’ll post notes from the road. And, I’m excited to be meeting up with the brilliant photographer Michelle McCarron soon.)
Editor’s note: The first Rights of Nature lawsuit in the US was filed on September 25, 2017, in Denver, Colorado. The full text of the complaint can be found here.
In the war for social and environmental justice, even the best lawyers rarely serve as anything more than battlefield medics.
They do what they can to stop the bleeding for the people, places, and causes suffering on the front lines, but they do not possess the weapons to return fire in any serious way. Lawyers lack effective weapons because American law functions to protect those in power from the rest of us; effective legal weapons are, quite literally, outlawed.
Nonetheless, understanding the limits of the law to affect change through my experiences as a public defender, I recently helped the Colorado River sue the State of Colorado in a first-in-the-nation lawsuit — Colorado River v. Colorado — requesting that the United States District Court in Denver recognize the river’s rights of nature. These rights include the rights to exist, flourish, regenerate, and naturally evolve. To enforce these rights, the Colorado River also requests that the court grant the river “personhood” and standing to sue in American courts.
Four of my comrades in the international environmental organization Deep Green Resistance (DGR) and I, are listed as “next friends” to the Colorado River. The term “as next friends” is a legal concept that means we have signed on to the lawsuit as fiduciaries or guardians of the river. I also serve, with the brilliant Deanna Meyer, as one of DGR’s media contacts concerning the case.
Several times, I’ve been asked whether I think our case is going to win. We have provided, in the complaint we filed, the arguments the judge needs to do the right thing and rule in our favor. In this sense, I think we can win. And, if we do win, the highly endangered Colorado River will gain better protections while the environmental movement will gain a strong new legal weapon to use in defense of the natural world.
But, when has the American legal system been concerned with doing the right thing? While every ounce of my being hopes we win, if we lose, I want you to know why. I want you to be angry. And, I want you to possess an analysis that enables you to direct your anger at the proper targets.
***
The Community Environmental Legal Defense Fund (CELDF) does incredible work to demonstrate how the American legal system is stacked against us. CELDF began as a traditional public interest law firm working to protect the environment. They fought against industrial projects like waste incinerators and dumps only to encounter barriers in the legal system put in place by both government and corporations.
According to CELDF, government and corporations “developed a structure of law which – rather than focused on protecting people, workers, communities, and the environment – was instead focused on endless growth, extraction, and development.” This structure is “inherently unsustainable, and has, in fact, made sustainability illegal.”
The current structure of law forces us into what CELDF calls the “Box of Allowable Activism.” The Box is formed by four legal concepts that have so far proven to be unassailable. Those concepts are state preemption, nature as property, corporate privilege, and the regulatory fallacy. State preemption removes authority from local communities by defining the legal relations between a state and its municipalities as that of a parent to a child. Local communities are not allowed to pass laws or regulations that are stricter than state law.
Currently, nature is defined as property in American law. And, anyone with title to property has the right to consume and destroy it.
As CELDF notes, “this allows the actions of a few to impact the entire ecosystem of a community.” To make this worse, corporations – who own vast tracts of nature – are granted, by American courts, corporate rights and “personhood.” Corporate personhood gives corporations the power to request enforcement of rights to free speech, freedom from search and seizure, due process and lost future profits and equal protection under the law.
Finally, CELDF explains that “the permitting process, and the regulations supposedly enforced by regulatory agencies, are intended to create a sense of protection and objective oversight.” But, while water continues to be polluted, air poisoned, and the collapse of every major ecosystem on the continent intensifying, we must conclude that this protection is not happening.
Regulatory agencies give permits. By definition, they provide permission to destructive activities. CELDF states, “When they issue permits, they give cover to the applicant against liability to the community for the legalized harm.”
***
I went to law school at the University of Wisconsin-Madison and became a public defender in Kenosha, WI because I thought I could push back against the institutional racism of the American criminal justice system. Just like CELDF learned working through traditional environmental law, I learned quickly that my hands were tied by the legal structure, too.
Something similar to CELDF’s “Box of Allowable Activism” exists in criminal law. Prosecutors overcharge. For example, I represented a single mother of three charged with six counts of theft despite the total value of what she was accused of stealing amounting to less than $30 — one count for the bag of rice, one for the butter, one for the salt, one for the pack of chicken breasts, one for the onion, and one for the garlic.
Then, prosecutors offer plea deals taking advantage of a defendant’s rational self-interest and fear. In my previous example, the prosecutor offered to dismiss four of the six counts of theft and recommend 30 days in jail if my client pled guilty to two counts, the rice and chicken. When the prosecutor made her offer, she reminded my client that not taking the deal meant facing a long trial process while risking conviction on all six counts and being exposed to two years in jail.
Defense attorneys are ethically bound to defer to their clients’ desire to take a plea deal. Meanwhile, public defender offices are woefully underfunded. And, with the majority of criminal defendants so poor they qualify for court-appointed counsel, public defenders are notoriously overworked producing mistakes that lead to their clients’ incarceration.
Credit: Wikimedia Commons
Deep ecologist, Neil Evernden, connects the problems facing lawyers fighting institutional racism and lawyers fighting ecocide in his book “The Natural Alien: Humankind and Environment.” Evernden asks us to imagine we are lawyers defending a client who is black in apartheid South Africa or the Jim Crow American south.
He asks, “What would you do if faced with a trial judge who denies your client any rights and who, after hearing your case, simply says: ‘So what — is he white?’”
Everndem claims that we only have two options in this situation. We can demand that the judge recognize the rights and dignity of our client and risk condemning our client to execution. Or, we can play by the rules, reinforce problematic law, contribute to its precedence, and detail our client’s genealogical records at length “to try to prove our client white.”
Evernden correctly notes that too often when environmentalists are challenged to justify their declarations on behalf of the living world, they proceed to try to prove their client white. Evernden writes, “Rather than challenge the astonishing assumption that only utility to industrialized society can justify the existence of anything on the planet” the environmentalist “tries to invent uses for everything.” But, “the only defense that can conceivably succeed in the face of this prejudice is one based on the intrinsic worth of life, of human beings, of living beings, ultimately of Being itself.”
We want our lawsuit, specifically, and the rights of nature framework, generally, to be legal arguments for the intrinsic worth of life and of living beings like the Colorado River.
We are attacking two of the walls forming the Box of Allowable Activism. We seek to overturn the concept that nature is only property, and we seek to erode corporate power by giving the source of corporate power (nature) rights to stop corporate exploitation. These arguments are not currently accepted, but neither was the argument that “separate is inherently unequal” when Thurgood Marshall argued this and ended school segregation in Brown v. Board of Education.
This is all well and good, but we are still forced to construct our argument only with currently acceptable legal language. We seek “personhood” for the Colorado River, for example. But, the river is much more than a person. The river is an ancient and magnificent being who carved the Grand Canyon, who braved some of the world’s most arid deserts on her path from the Rocky Mountains to the Gulf of California, and who facilitates countless lives, human and nonhuman.
I am afraid, that in seeking personhood for the Colorado River, people will mistake our arguments as trying to prove the Colorado River a “person” while reinforcing the notion that a being only has value as far as that being resembles a human.
***
Evernden only contemplated two options. We can prove the Colorado River a person, or we can demand recognition of our client’s dignity. But, there is a third option: Dismantle the power stacking the legal system against communities and natural ecosystems.
To fight this power, we must understand how power works. Dr. Gene Sharp, who CNN has called “a dictator’s worst nightmare” and the “father of nonviolent struggle,” is the world’s leading theorist of power.
Sharp identifies two manifestations of power – social and political. Social power is “the totality of all influences and pressures which can be used and applied to groups of people, either to attempt to control the behavior of others directly or indirectly.” Political power is “the total authority, influence, pressure, and coercion which may be applied to achieve or prevent the implementation of the wishes of the power-holder.”
Sharp lists six sources of power: authority, human resources, skills and knowledge, intangible factors, material resources, and sanctions. Interfering with these sources of power is the key to a successful resistance movement.
The powerful know where their power comes from and they protect the sources of their power. It is one thing to protect these sources with brute force. But, why use brute force when you can persuade the oppressed that there is nothing they can do to affect the sources of power? Or, when you can mislead the oppressed about where those sources of power are?
In this spirit, the powerful do everything they can to convince the oppressed that the current arrangement of power is inevitable. They seek to convince us that the legal system exists to protect communities and the environment. They teach us to look back through history to view our few victories as the result of a system devoted to justice.
These few victories are held up as proof that sooner or later the courts always make the right decision. We are pacified with assurances that if our lawyers are clever enough, if they work hard enough, if they articulate the truth eloquently enough, judges will recognize the brilliance of our lawyers’ arguments and justice will be served.
Justice for the natural world has rarely been served. CELDF names the final blockade to justice the “Black Hole of Doubt” and teaches, “We think we’re not smart enough, strong enough, or empowered enough – we literally do not believe we have the inalienable right to govern.” Sharp says, “Power, in reality, is fragile, always dependent for its strength and existence upon a replenishment of its sources by the cooperation of a multitude of institutions and people – cooperation which may or may not continue.”
Any resistance movement aspiring to true success must engage in shrewd target selection to undermine sources of power. Taking Sharp a step further, it is possible to prioritize which sources are more essential to the functioning of power than others. Corporate power is maintained through the exploitation of the natural world. There is no profit without material products. There are no material products without the natural world. If corporations lose access to ecosystems like the Colorado River, they will fail. If corporations fail, they can no longer control our system of law.
We may win in court and corporations will have to respect the Colorado River’s rights to exist, flourish, regenerate, and naturally evolve. We will also gain a foothold for other ecosystems to assert their own rights. We may fail in court, but that does not mean the fight is over.
In many ways, our failure would simply confirm what we already know: the legal system protects corporations from the outage of injured citizens and ensures environmental destruction. If we fail, we must remember there are other means — outside the legal system — to stop exploitation.
Regardless of what happens in our case, we encourage others to employ whatever means they possess to protect the natural world who gives us life.
Tour operators in India’s Andaman Islands are selling “human safaris” to the reserve of a recently-contacted tribe, despite government promises to ban the practice.
Tourists travel along a road through the Jarawa’s forest, treating tribespeople like animals in a safari park. In 2013, the Andaman government promised to open a sea route to the Islands’ most popular tourist destinations, which would stop tourists needing to drive through the Jarawa’s reserve. The sea route has recently become operational.
But despite the authorities’ commitment to ensuring all tourists would have to use the sea route, very few currently do, and the market in human safaris along the road is flourishing.
One tour company, Tropical Andamans, states that: “The Famous Jarawa creek is a lonely planet in itself. It is the dwelling place of the oldest tribes found in these islands. The tribes known as Jarawas, are aloof from the civilized world. They are the wonder of the modern world, for they feed on raw pigs, fruits, and vegetables. They don’t speak any language known to general public. Their pitch black skin and red eyes will leave you dazzled in case you happen to meet them.”
A tourist website, Flywidus, offers a glimpse of “primitive tribals” to tourists driving through the Jarawa reserve, and another, Holidify, describe the Jarawa as a “major attraction” and claims that the Jarawa “love the high of specific drugs, one of it being tobacco.”
In 2002 India’s Supreme Court ordered the road closed, but it has remained open continuously despite pressure from human rights campaigners.
Survival International led a global campaign against the human safaris, calling for a boycott of the Andaman tourist industry until they came to an end. Nearly 17,000 people from around the world pledged not to holiday in the islands in protest.
In a recent statement, the Andaman government said that the road: “…shall remain open for the use of both islanders and the tourists as no decision has been taken by this Administration for closing it down for the tourists. However, the tourists have been advised to avail boat service.”
– The road brings a daily invasion of hundreds of tourists into the heart of the Jarawa reserve. The promotion by tour operators of sightings of the Jarawa is illegal in the islands, but this is not being enforced.
– The UN, India’s Minister for Tribal Affairs and members of the European Parliament have all condemned the practice.
– One tourist described his trip: “The journey through tribal reserve was like a safari ride as we were going amidst dense tropical rainforest and looking for wild animals, Jarawa tribals to be specific.”
– The Jarawa, like all recently contacted peoples, face catastrophe unless their land is protected.
– The human safaris are also dangerous – one Jarawa boy lost his arm after tourists threw food at him from a moving vehicle. They sparked global outcry in 2012 after footage emerged of a tourist forcing several Jarawa girls to dance.
– Tribal peoples’ land rights have been part of international law for generations. The key to their survival and prosperity is to ensure their land remains under their control.
– All uncontacted and recently contacted tribal peoples face catastrophe unless their land is protected. Survival International is leading the global fight to secure their land for them, and to give them the chance to determine their own futures.
Survival’s Director Stephen Corry said: “The new sea ferry was supposed to stop tour buses driving through Jarawa land, and so put an end to these dangerous and disgusting human safaris. But the government wants it to be optional which defeats the purpose entirely. Tourist companies are still selling the safaris and profiting from the exploitation of tribal people. Ethical tourists should boycott the islands until this is stopped.”
Editor’s note: This is an edited transcript of Derrick Jensen’s December 8, 2013 Resistance Radio interview with Lierre Keith. You can read Part 1 here.
Browse all episodes of Resistance Radio or listen to audio of this interview:
Jensen: Let’s just use an example of the local Tolowa Indians, who lived here for at least 12,500 years. Their lifestyle was based—their food, a lot of their caloric input, came from salmon. If they ate all the salmon, if they killed off the salmon somehow, then that means they would have to conquer someone else, or starve to death, right? Is that basically what you’re saying?
Keith: Yes. Or take the example of, it doesn’t even matter, any civilization. They’re generally going to be based on one of seven or eight crops—corn or wheat or barley or whatever. Every year there’s less and less of it because every year the soil is more and more degraded, there’s more salinization taking place, more salt, literally, in the soil. You will see this throughout history where both the archaeological record of things like the strata that they can just dig through, and then what’s actually in the cooking pots, and then if there are written records of history, you can see how one crop shrinks and shrinks and shrinks, so they try another one that’s more salt-hardy, and eventually that will collapse too. You even have written descriptions of how the surface of the land is glistening white with salt, and “What are we going to do?” They destroyed their land, doing agriculture.
You can pick your power center, but it’s always the same process. You’re using up what you’ve got, and in this process you’re also destroying the rivers and you’re pulling down more trees, and of course you need all those things to survive. Your population is too high to survive on what’s there.
That’s the problem with cities. Eight million people cannot live sustainably on the island called Manhattan. It just can’t be done. Resources have to come from somewhere else, the food, the water, the energy. And the problem is that nobody willingly gives up those things.
The people who live in the watershed next to you, they don’t want to give you what they need. Why would they willingly just die so you can have their trees, their water and their fish? They’re not going to do that. So you’re going to come into conflict. This is why agricultural societies end up militarized. And they do, always.
It doesn’t matter what beautiful, peaceful values those people might hold in their hearts. It doesn’t matter—their lovely art, their music, their paintings, their frescoes, what religion they might be—it doesn’t matter, materially speaking. They have used up their resources. They will starve to death without food. They’re going to have to go out and get it from somewhere else.
J: It’s a functional problem.
K: That’s why it always ends up militarized. That’s one big reason. Another reason is, as you mentioned, human slavery. This is backbreaking labor. Hunter-gatherers tend to work maybe 15 or 20 hours a week to provide for their basic resources, and the rest of the time they do spiritual activities, art, naps apparently are very important, and also gossip. So that’s what they love to do, and they’ve got a lot of free time to do it.
You can contrast that with farmers: it’s just neverending, from dawn to dusk. For anyone to have leisure time in an agricultural society, they have to have slaves. To put a real number on it, by the year 1800—a lot of people demarcate that as the beginning of the fossil fuel age—fully three-quarters of the human beings alive on this planet, three-quarters of them, were living in some form of slavery, indenture, or serfdom. That’s what it requires.
J: It was mainly agricultural, right?
K: Yes. We’ve forgotten how much work is involved because we’ve been using machines now to do that work. I can guarantee that when the fossil fuel runs out, we’re going to remember exactly what kind of work this is.
Once you have that number of the population living in slavery, you need someone to keep them there, and those people are called soldiers. When they go out into the hinterlands, into the colonies, to get those resources that everybody now needs, one of those resources is always going to be other human beings.
We talk about Athens, the great birthplace of modern democracy. Ninety percent of the population of Athens were slaves. That carries through until the year 1800. So that’s number two, slavery.
The other problem with agriculture is it creates a surplus. That’s how the whole thing keeps going. You have to make enough so that you have some surplus. Hunter-gatherers can just move on a little bit and there’s more food to eat, but with the agriculturalists, of course, starvation is always one season away, so there’s always this surplus. The thing is, if you can store it, you can steal it, so you always have to have somebody to guard the food stores. And again, those people are called soldiers.
J: In the first cities—I learned this from Lewis Mumford—the first cities did not have walls around the outside to protect them from so-called raiders. They actually had walls around the granary to make sure that the king was able to keep control of the food supplies because it was only through keeping control of the food supplies that he was able to keep control of the labor force.
K: Yes, so you see this makes a really vicious little circle. Another point to keep in mind is if you can picture one of those great big naval ships that the British Navy or whoever used to conquer various colonies, it can take 600 old-growth trees just to make one of those ships.
War is really resource-intensive. And it ends. A lot of things you might produce create value in this society, and the value can keep either building or at least transferring, but with things that revolve around war, it just dead-ends right there because it’s only got one purpose. And when it’s over, everybody’s dead and that’s sort of the end of it.
Those ships—entire forests of the world were pulled down to make ships just for war. And this is true everywhere. It’s not just the British Navy. It’s all of them. That’s what was required to build those great big fighting vessels.
So you’ve destroyed your forest to live in this energy-intensive way, and you’ve poured a whole bunch of resources particularly into your military, not in defeating people but into the military, and now around again in the vicious circle, you have to go out and conquer the people living in the region next to you so you can take their forest to make more ships to conquer more people.
This is the temporary advantage that agricultural societies have. Because they’re willing to destroy their forests, they can build these great big ships. They can do all this smelting of iron and make these incredible weapons, which are a lot harder than just wooden spears. So they’ve got this superior military force because it’s all draw-down.
Then you’re stuck in this position where you then have to conquer. You have to use that military to go out and get more resources because you’ve used up yours. But it gives you that temporary advantage over the people who aren’t willing to destroy their forests.
If you’re the people who aren’t willing, now you’re really stuck between a rock and a hard place. You either become militaristic and devote your forest to making an army—you kill your land—or you stand on principle and you’re killed and they take it. This is why war spreads. The gentle, peaceful matrilineal people that we all love to romanticize, and in our dreams that’s where we go, this is what happens. This is what they’re up against every time.
It’s a double bind. There’s not really any way out, and that’s why we’re in the state we’re in.
J: Since the problems are functional, as opposed to just something we can change by being nicer people, why are you telling us this? That’s one question. Another question is what do you want people to do with this information?
K: The reason I’m telling everybody is because I want to be hated. [Pause.] That’s supposed to be a joke.
The reason I’m telling everybody is because I feel like the people who care the most—and by that I mean radical environmentalists, radical feminists, people who are profoundly committed to the planet, to justice, to a better way—by and large do not understand the depth of the problem. And if we don’t address the actual problem, we’re never going to come up with solutions. That seems kind of obvious.
Even people who’ve dedicated their lives to these issues don’t understand that it all goes back to agriculture, that that’s the original activity that started us down this path of destruction. That’s the primary destruction. Eventually, global warming will outweigh that, but to date, it’s still the most destructive thing that people have done to the planet. Because that’s what it is. It’s not like agriculture on a bad day, agriculture done really badly. No, this is what it is. You pull down the forest. You rip up the prairie. You destroy those biotic communities, and you replace them with this monocrop for humans, for as long as it will last. That’s the problem.
Then once you start doing that, you’re stuck with this militaristic cycle because you’ve got to keep doing it again and again. When you’ve destroyed your own, you have to go out and get someone else’s. Militarism isn’t just, “Oh gosh, we happen to be warlike. We have a bad story in a book we consider holy. We’d better tell new stories.” I’m a writer. I’m all for new stories, but that’s not going to change this.
The problem is we have a way of life based on draw-down. Materially speaking, we’ve used it all up. And we need to face that. That’s why I’m trying to get people to understand this. It’s not because I actually want them to hate me although a lot of them end up hating me. I guess that’s just the way it goes when you go up against people’s beliefs.
We really have to get the basic wound that’s been done, the basic damage. This has got to be at the forefront of our consciousness as activists and environmentalists and feminists. We’re never going to be able to face it otherwise.
J: I want to comment on the whole hating you thing. What you’re saying is not actually new. Basically, every generation, there have been a number of people who say agriculture is destructive—can you just list a few of the people who have talked about this? There’s Jared Diamond and Richard Manning with Against the Grain, and how about Edward Hyams? Talk about a few of those precedents.
K: What you’re saying is absolutely right. Every generation there’s somebody who says the same thing, and you can go all the way back to ancient Greece to some of the earliest written texts that we have anywhere in the world, and you’ve got Plato, Socrates and Aristotle all mentioning the fact that the world was being destroyed, that the rivers were being flooded with this mud and silt, and so there were no more fish, and all the soil was washing down off the mountains.
In fact, some of the ports of the ancient Roman Empire had to be moved ten kilometers—ten kilometers—because so much silt ran off the mountains and clogged the harbors that they kept having to move, just literally move the cities, to a new spot where the ships could actually dock. This was all commented on. They knew what they were doing. It’s just that nobody knew how to stop it.
Then you have people like George Hill in the nineteenth century, then Edward Hyams in 1930, 1940, and more recently, you have David Montgomery and his book Soil, which is absolutely fabulous. Jared Diamond basically won a Pulitzer Prize for saying more or less the same thing. Richard Manning has this great quote that I love. I’d like to read this. It’s just a few sentences:
“No biologist or anyone else for that matter could design a system of regulations that would make agriculture sustainable. Sustainable agriculture is an oxymoron. It mostly relies on an unnatural system of annual grasses grown in a monoculture, a system that nature does not sustain or even recognize as a natural system. We sustain it with plows, petrochemicals, fences, and subsidies because there is no other way to sustain it.”
That’s it right there. It’s a war against the natural world.
No, I have nothing to say that’s particularly original. I think I put it together in my own way, but none of this is new information. It’s not getting to the people who care the most, and that’s why I feel impassioned about this.
J: So what do you want people to do on two levels, both the personal level and the social level?
K: I think that the social level is heads and shoulders, far and way above, way more important than anything that anybody can do in their personal lives. And I really want to emphasize that, because there are no personal solutions to political problems, and we should know that.
The problem is that a lot of the environmental movement—we’ve kind of been sold this idea that if we just make different consumer choices, we can somehow buy our way out of these massive, global political problems. We can’t. There’s no set of things you can buy that’s going to make a damn bit of difference on any of this. This is not a problem that you can address in your personal life and really have that make anything but a nano-difference. These are really just horrendous systems of power that we are going to have to challenge.
J: Can you say what you were going to say, but in addition can you give a three-minute liberal/radical distinction? Is that possible?
K: There are two main differences between liberals and radicals. The first is that liberals are idealist, and what that means is that liberals tend to think that social reality is an idea. It’s a mental event. And therefore, the way to make social change is education. You change people’s minds. And social change happens because people have some kind of consciousness transformation, or a personal epiphany, or even a spiritual revelation, but that’s how social change happens. It’s one by one and it’s through education or rational argument because it’s a rational problem, right? It’s just a mental event.
J: If we recognize that agriculture is destructive, then we’ll stop it.
K: Yes. Somehow if we just get the information to people, it will somehow just happen. It’s very different on the radical side because radicals think that material conditions are primary, that society is not made up of ideas, it’s made up of material conditions and material institutions that create those conditions. The way you change things is by taking power away from the powerful and redistributing that to the dispossessed. That involves struggle.
Down the line, you have to make decisions how you’re going to wage such struggle, whether it’s violent or nonviolent. All that is really important, and often very ethically grueling to come to grips with, but that’s a much later discussion.
The thing to recognize is this requires force. It’s not a misunderstanding. It’s not a mistake. The powerful aren’t there because the rest of us aren’t educated. They’re there because they have power, and they’re not going to give it up willingly.
You need to use some level of force, whether that’s nonviolent, whether it’s boycotts, whether it’s sit-ins—there are plenty of nonviolent ways that have worked, so it’s not about violence and nonviolence.
It’s simply to recognize that this is not a mistake or a misunderstanding because it’s not a mental event. It’s about material systems of power that have got to be changed, that have to be confronted and brought down. That’s idealism versus materialism.
The other big difference between liberals and radicals is the basic social unit. For liberals it’s always the individual. The individual is sacrosanct. It’s always the individual against society. And again, this leaves you with a strategy of sort of one on one. You’re going to change people one by one, and that’s how you change society.
For radicals, again, this is totally different. We understand that society is actually made of groups of people—so it’s always a class condition, whether it’s economic class, whether it’s a sex caste system of gender, whether it’s a racial caste system. These are groups of people, and some of those groups have power over other groups.
So it’s not about you as an individual. The bad things that happen to me aren’t because my name is Lierre and I have blue eyes and I like reading. The bad things that happen to me are because I’m a woman, because of the different class positions that I hold. Those are the things that happen to people who are in my position. Nothing to do with me as an individual.
Social change happens when the dispossessed come together and make common cause. The solution is really written into the problem. Groups of people have power, but the dispossessed can come together and fight for themselves to change that. There’s always hope in that condition.
That’s the difference between liberals and radicals, and the problem with a lot of the environmentalists of course is that they’ve completely taken up this liberalism. So it’s only going to change by education, and you’re only going to do it one on one. What has dropped out completely from of the conversation is that there are people in power, they’re making money, they control armies, and they’re in control of things like Exxon/Mobil. They are gutting the planet for their personal profit. They’ve got names and addresses, as Utah Phillips very famously said. We know where they live, and we can see how their power is organized.
Our job is to take that apart. It’s to take down those institutions in whatever way we can and redistribute the power so that we all have some say in the material conditions of our lives.
What do I want people to do? In really broad strokes I actually think that there’s still a lot of hope because the things that we need to do to solve these problems are actually things that we should be doing anyway if we care about justice. To get justice for people is also the only way we’re going to save this planet. It’s not human race vs. planet. I think it gets set up that way in people’s minds. It’s not. It’s actually quite the opposite.
So, to get down to brass tacks, the number one thing you can do to drop the birth rate is teach a girl to read. That’s a really profound statement. When women have even that much more power over their lives, it means they have a little more control over the uses to which men put our bodies, and that’s sexually, reproductively, economically. The number one thing that drops the birth rate across the globe is teaching a girl to read. And we should care about that because we care about girls.
As it turns out, it’s one of the main things we’re going to have to do to save the planet. Right now somewhere between one-half and two-thirds of all children that are born are either unplanned or unwanted. All we have to do is give women control over their bodies and the birth rate drops. That’s happened in 32 countries. We now have negative or zero population growth in 32 countries. This is not the human rights horrors of China or places like that where they’ve instituted these draconian and misogynist laws. This is simply giving women power over their lives. And that’s what happens when women have a little education and a little bit of power, over and over.
The number one thing that we have to do is empower girls, and that means confronting a system of power that’s called patriarchy. We’re all going to have to be feminists. Gosh, what a shame.
The other thing that drops the birth rate is when you increase people’s standard of living. People end up having lots of children when they’re very, very poor. So if you raise the standard of living, the birth rate drops, very quickly in fact. Often in a generation you can see this happen.
The reason that people are poor is not because they’re stupid. It’s because the rich are stealing from them. And that is a global system called capitalism. So we’re going to have to be against capitalism, and we’re going to have to do something about patriarchy. That is the only way that we’re going to save this planet.
Again, it’s not humans vs. planet earth. If you care about human rights, that is the only thing that’s really going to save this situation.
My goal is, over the next two or three generations, we could very easily, by simply caring about women and girls and giving them some rights over their lives, some decision-making power, we could drop the birth rate dramatically and then we could let the planet repair. We could be part of that repair. It’s actually not that hard, because the grasses and the forests want to come back. If we simply get out of the way, they will.
I’ll end with one final bit of information, and that’s really about grasslands. If we were to take 80 percent of the trashed out grasslands around the planet, which have been destroyed by agriculture and return them to the grasslands that they would like to be, within 15 years we could sequester all of the carbon that’s been released since the beginning of the Industrial Age. We could stop global warming in its tracks.
Because it’s not us doing it. It’s the plants that are doing it. It’s those incredible grasses that would do it for us. Because life wants to live. And they will do that. The one thing they are really good at is building soil. That’s what prairies do. The basic component of soil is carbon, so they’ll suck it out of the air and they’ll store it once more in the ground, and that could be the end of global warming.
But we’ve got to stop being these monsters and destroyers. A lot of times people make this argument that this is human nature. My response is that it’s not. We were on this planet for over two million years and we didn’t destroy anything. In fact, you can look at the first art that we ever made, and to me it’s a celebration. You have the mega-fauna and the mega-females. Those were our first art projects, these giant animals and these giant women. To me that says that in our bodies, in our brains, in our bones, we have that awe and that thanksgiving, that we were trying to say thank you for our lives and for our homes, and so that was what we celebrated.
I don’t think it’s that far from us still. I think we could repair this planet and remember how to participate rather than dominate.
Editor’s note: This is an edited transcript of Derrick Jensen’s December 8, 2013 Resistance Radio interview with Lierre Keith.
Browse all episodes of Resistance Radio or listen to audio of this interview:
Jensen: Today’s guest is Lierre Keith, the author of multiple books including The Vegetarian Myth and Deep Green Resistance.
Jared Diamond has said that agriculture is the biggest mistake that humans ever made, and Dick Manning had some things to say about it too. Can you talk about what’s wrong with agriculture?
Keith: Yes, and I would like to first explain why that’s important. The reason it’s important is because agriculture is the basis of civilization, and I think the whole point of this show is to make people understand that this is a living arrangement that had no future. So the end was written into the beginning.
And the reason is, primarily, because agriculture is an inherently destructive activity. So you have to understand what agriculture is.
In very brute terms, you take a piece of land, you clear every living thing off it—and I mean down to the bacteria— then you plant it to human use. So it’s biotic cleansing. All those other millions of creatures who should be living there have nowhere to go. That’s a long way of saying mass extinction. Because that’s what agriculture is.
There are a few problems. The first is that it lets the human population grow to some rather large numbers because instead of sharing that land with all those other creatures, you’re only growing humans on it. So we had this catastrophic rise in human numbers which we’ve seen over the last 10,000 years.
The second problem is that you’re destroying the topsoil, and topsoil is the basis of terrestrial life. We owe our entire existence to six inches of topsoil and the fact that it rains. Right now 80 percent of the food calories that are used to support the current human population come from those agricultural foods.
It’s only possible to support this number of people by taking over vast swaths of the planet from all these other creatures and then using it to support human beings.
So, except for the last 46 remaining tribes of hunter-gatherers, the human race has made itself dependent on this inherently destructive activity, on agriculture, and it’s killing the planet.
This is not a plan with a future. It’s draw-down. The end was written into the beginning. What you’re mostly drawing down is fossil soil. We’ve all heard of fossil fuel, probably fossil water, but fossil soil is another really basic concept that we should all be familiar with.
It takes many, many centuries to grow an inch of soil, and in a very brief period of time agriculture destroys that. In one season of planting your basic row crop—wheat or corn or soy or whatever—you can destroy 2000 years of soil.
And if you don’t believe me, you can go to Google Images and type in “Dust Bowl first day.” You can see pictures of these farms in South Dakota that literally lost all their topsoil, all of it, in a 12-hour period, on the first day of the Dust Bowl. That’s draw-down and it’s draw-down in a really big way.
J: How does agriculture actually actually work? How does it actually, first, commit the biotic cleansing? And second, how does it destroy the soil? What happens?
K: I want all the listeners to think about what’s outside their bedroom window or their back door or even their front door. Probably it’s a little piece of land, ten feet by ten feet. Maybe you live in the country, but if you live anywhere urban or suburban, you’re going to see a tiny little patch of land, and it’s mostly going to be grass, probably Kentucky blue grass or something like that, that was put there as a decoration.
If you want to grow a garden, you have to dig up that grass. You can’t just throw lettuce seeds on top of it and hope for the best. I can tell you what will happen, and it’s exactly nothing. There is no way that the annual seeds of those domesticated vegetables are ever going to out-compete that grass. Grass is fabulous stuff. It does not die; it’s pretty much invincible.
To remove it you have to apply a whole bunch of labor. Then, with the soil bared, you can plant whatever annual crop you were thinking of planting. To have a garden, it would be lettuce or tomatoes or squash or whatever. But those are annual crops. They only come once. They’re not going to be here again next year. That’s what an annual means, that they only grow for an annum, one year.
That’s in contrast to perennials, which grow many years. Trees are perennials, clearly. They can grow 2000 years out here in the redwoods. Grasses are perennials. There are annual grasses, but most grasses are perennials. Then there are lots of things in between that are also perennials, like shrubs and vines and whatnot. But then there’s another category of plants that are annuals, and they only grow for one year, or maybe two or three seasons, then they’re done.
These two different categories of plants have very different functions in nature. Everything of terrestrial life depends on those perennials being in place. They do a couple of really basic things, one of which is, because they live a long time, they have the capacity to have a really deep root system. Their roots go down really far, because they have many years to get there. Once they’re there, they can break up rock, the substrata that our planet is made from, and by breaking up that rock they make the minerals available to every other living creature on the planet. They are the ones who recirculate those minerals and keep them coming up to the surface, so that other plants and soil creatures and ultimately animals can eat them. Without those minerals we’re all dead.
J: Like iron.
K: Yes, like iron.
J: Calcium.
K: Like zinc, manganese, anything, you name it. Selenium. It’s the plants that do that, and they’re the only ones that can do that.
Annuals do not have deep root systems. This is really important for people to understand. They don’t live long enough to develop root systems. It’s not part of their genetic code to make deep root systems. They have one purpose, and that’s to create a giant seed head. That’s what annuals do. They have a really short period of time. They’re only going to live two or three seasons, and everything is about the continuation of the species. Their one shot at a future is to have a great big seed head. It’s to produce that baby and wrap it in as many nutrients and as many defenses as it can. And that gives you a great big seed. That’s why annual seeds tend to be way bigger than perennial seeds. It’s got to last. It’s got to make sure that that plant baby survives when the time comes.
Not only do those perennial plants break up the rock and do the mineral thing, but also those really deep root systems are what let the water table recharge because every little tiny filament of root helps water. Every time it rains, the water can now enter the soil down through that channel of the root system. When the community needs that water again, later in the summer, say, when it’s dry, it’s like a great big sponge. Those perennial plants can pull on that water as they need it and keep the whole community alive. That’s what perennials do.
The third really important thing is they keep the soil covered at all times. If you think about a forest, or a prairie, you do not see bare soil. You’ll see duff in a forest, which is decaying plant matter. And of course in a real prairie, you’re not going to see any bare soil. You’re just going to see plants for as far as the eye can see. It will just be perennial grasses.
That’s really important because without being protected, the soil, just like the rest of us, it dies when it’s exposed. The sun bakes it, the wind blows it away, the rain compacts it, and you just end up with dust essentially instead of living matter. So that’s what perennials do.
There are opportunities in nature for annual plants. If there’s an emergency situation, some kind of disaster like a fire or a flood, an earthquake, a landslide when the ground might be bared for some reason—that’s an emergency in nature because that’s the basis of life now being degraded. So immediately the annuals spring to life. It’s because the perennials have been cleared away by this disaster.
You can picture the bank of a river that’s been wiped clean by a flood. It’s just mud. The first thing that happens is all those annual seeds, they’ve been waiting in the soil for their moment. There’s no competition now from the perennials and the perennial root systems, so now they can spring to life, . They will cover that bare soil for a year or two.
It’s like if you cut yourself, you would put a Band-Aid on it. That’s what those annuals do. They provide that Band-Aid. Eventually your skin is going to knit back together, and that’s the perennial grasses or the forest trees coming back in and and you don’t need the Band-Aid anymore. In the same way, the annuals—you won’t see them anymore in the landscape. And their seeds again lie buried until they’re needed for an emergency.
So it’s not like annuals are bad and perennials are good, it’s just that most of the plant matter, the cellulose matter on the planet is going to be perennials. But the annuals have their moment. And it’s when those emergencies happen.
The problem with agriculture is it’s that emergency over and over and over. In order to plant those giant seed heads, in order for them to have a chance, you’ve got to clear the land. You have to remove the grasses or pull down the forests and then you can plant those seeds—corn or wheat or whatever it’s going to be. That’s the only way that you can do it. You cannot simply sprinkle them in the grass and hope for the best or sprinkle them in a forest. Nothing will happen. We all know this as gardeners.
So just extend that across the planet. That’s where all of those annual monocrops come from, by destroying the grasslands of the world and ultimately pulling down a lot of forests as well. These are the demands of agriculture. You can’t just do it once. It has to be done over and over. It is a war against the living world. Because the world doesn’t want to be a monocrop. This is a living planet, and it wants to stay alive. That means protecting that topsoil. It also means that all those plants and animals really want their homes. So you’re going to be fighting a war against all those plants and animals that want to come back, all the perennial grasses, all the trees. Anybody who’s gardened knows that you’re forever fighting the grasses that want to be there.
If you let it go for a few years, what will eventually come back is of course is the succession of either the forest or the prairie, which in one way is ultimately the hope. If we just get out of the way, this planet will repair. That drive, that life wants to live, it’s such a profound impulse in every living creature, that they would take their homes back if we simply stopped fighting that war.
But that’s what agriculture is. A lot of people don’t understand this. I think it’s because we’ve been living in an agricultural society for really 10,000 years now. Ultimately this started way back in ancient Mesopotamia, the Fertile Crescent, and all that, but it’s a direct line. Eventually it conquers Europe. Then the Europeans bring it to North and South America, and they do a bunch of conquering as well, and eventually this is what you end up with; the whole world is just covered with these annual monocrops, as much of it as could be.
We’ve reached the end. By 1950 the world was out of topsoil. Since that point we’ve actually been eating fossil fuel instead of soil. Because the soil’s gone. We’ve skinned the planet alive. So fossil fuel took over instead, which certainly brings with it another whole set of horrors, which are frankly worse.
J: I want to mention a book I recently read, which was pretty fabulous, and pretty heartbreaking. It was called A Country So Full of Gain. It was early European explorers’ accounts of Iowa.
I know for most of us that when we think of Iowa, we think of nothing but cornfields, but Iowa was one of the most wildlife-rich regions of the country, with the sort of interplay between the eastern forests and the Great Plains. When I think of Iowa, I don’t actually think of a place that’s rich in wildlife. That’s a great example of what agriculture does.
K: Yes, and of course another example is Indiana, which, again, we don’t think of as being a place filled with wetlands, but there was the Limberlost, which was a swamp essentially, just a great big wetland. It was made famous by a series of books. The Girl of the Limberlost was the first one of these novels that were written, in the 1930s and 40s. Many, many people still go there. There’s a state park that memorializes the place where these books took place. And everyone wants to see the Limberlost. It’s not there. So over and over these park rangers have to say, “It’s gone. It’s completely eradicated. It was drained and turned into a cornfield. You can’t see it because it’s not here anymore.”
The girl in that book—it’s a novel, but you can imagine that some of this might be true—is living in terrible poverty, with a really abusive situation with her family, but she’s very determined to get herself to school. She does this by being essentially a naturalist because she knows the place so well and loves, particularly, the butterflies and the moths. This is how she’s able to provide for her school fees.
In that way, they are amazing books, because the woman who wrote them, Jean Stratton Porter, really loved that swampy area, that wetland. It’s gone. It’s all been turned into corn.
J: I just read last night that this year has been a complete catastrophe for monarch butterflies, that even recently where they would still have a few we are seeing none. In this case it’s because of milkweed, because Roundup has been killing all the milkweed.
K: And that’s so we can all have soybeans, right? And there are descriptions not even from that long ago, a hundred years ago, of swarms of butterflies miles long. If you can imagine ― a cloud of butterflies miles long on the horizon. And this was just a regular sight that people would see everywhere across the Americas.
J: Can we talk for just a moment about the Fertile Crescent?
K: Everybody has seen pictures of the Iraq War at this point. It’s been going on for ten years or whatever. You picture that region, and you picture rock and sand. Nobody on the planet would call that place the Fertile Crescent, but it was once upon a time quite fertile. You can go to all the places where agriculture first started, in seven places around the globe, and pretty much all of them look like that now.
That is the inevitable endpoint. That’s what happens when you clear away the forests and the grasslands and you drain the wetlands. You remove the life that wants to be there.
You can keep that going for somewhere between 800 and 2000 years. That’s the length of every civilization. They last as long as their topsoil. When their topsoil is gone, they collapse.
Look at ancient Rome, or at any of these giant power centers from history, and it’s the same pattern over and over. By the end, Rome was so desperate that Egypt, with the wonderful fertility of the Nile River, was a personal possession of the emperor of Rome. Anybody who interfered with the off-loading of grain into the Roman ports along the coastline—summary execution. Because that’s where they were getting all their food from at that point. If you did anything to interfere with the off-loading of that food, you would be killed on sight. Everybody got that this was the end.
So the whole thing collapses. Then it starts over somewhere else.
But that entire region around the Mediterranean was destroyed piece by piece by those successive empires—the Phoenicians and the Egyptians and then the Greeks and finally the Romans. Then it collapsed. And the only thing that saved Northern Europe from the Romans was the Alps, mountains that they simply couldn’t cross. Eventually, though, agriculture pushed its way up through there as well. There are only four freely flowing rivers left in Europe now. The rest have been dammed.
J: You’re talking about this not being sustainable. But I don’t know how you can say that it’s not sustainable when there are seven billion humans on the planet, and clearly humans are continuing to multiply, so doesn’t that mean that this way of living works? I’m thinking about a New York Times op-ed I just read about a week ago, that said that ecology doesn’t actually matter to humans because human survival is based on technology and innovation, as opposed to the world. The guy who wrote it is a scientist, so he must know.
K: [laughs] I would say that human survival depends on having a livable planet and recognizing its limits. If you don’t start there, you’re going to end where we ended. 98 percent of the forests are gone and 99 percent of the prairies, and we are looking at complete biotic collapse. It’s just insanity. To not recognize basic physical limits just seems so out of touch with reality.
J: But there’s still a lot of humans. There’s like seven billion humans on the planet, so obviously we’re doing really well.
K: Yeah, and counting. What we are doing, what we have been doing for 10,000 years, is what’s called draw-down. This is when some—we can call it a resource, but maybe there are better words—a living community, and that community is being dismantled piece by piece and used. While that dismantling is happening, while the soil is being destroyed, while the rivers are being drained, while all the fish are being killed, while the topsoil is sliding off the mountain, clogging the harbors around the Roman Empire—or take your pick of empires—and the trees are going, and everything is being pulled down, yes, there’s a temporary blip, where the population gets larger.
But of course you’re not letting the world replenish, you’re not taking from it in an actually sustainable way. That’s why it’s called draw-down, because you’re drawing down the capacity of the world to replenish itself. You’re taking the soil. You’re taking the trees, whatever. Eventually you hit zero, and that’s when the thing collapses.
I referenced fossil fuel. What’s been happening since 1950—that’s the beginning of what’s called the Green Revolution. Scientists figured out through the Haber-Bosch process how to take oil and gas and turn it into usable nitrogen.
Originally that was used for making bombs, for killing people. Scientists were well aware of the fact that we were going to run out of nitrogen and that was one of the basic things plants need. If you’re a gardener you know this. There wasn’t going to be enough nitrogen left on the planet to keep doing agriculture. So they thought they hit a bonanza when they figured out they could use this Haber-Bosch process. By 1950 they’d taken all these munitions plants and turned them into fertilizer factories for farming. Then all of a sudden . . .
J: Which is one reason you can end up with a fertilizer factory exploding in Texas.
K: Yes, it’s explosive. It’s exactly the same process, so it’s, very dense energy essentially. They also did a lot of plant breeding and made the plants shrink, so less plant energy has to go to things like stems and leaves, and more can go to that giant seed head to make it even bigger with less input. They’re very clever. They do these things. But of course the ultimate problem is that it’s still draw-down. Except we’ve moved on from soil, since that’s all gone, and now we’re drawing down fossil fuel.
Fertilizer plant explosion in the town of West, Texas.
As long as oil and gas are cheap enough, we can keep eating oil on a stalk, but again this is not a plan with a future. I think everybody listening probably knows that oil doesn’t reproduce. The little drops of oil don’t get a birds-and-bees talk from the big drops of oil. It’s not going to come again once those resources are gone, so it’s still draw-down, only it’s an even more destructive kind of draw-down because with fossil fuels, of course, you’ve got the oil spills, the global warming and all the rest of it.
So having blown through the topsoil of the planet, they’re now using what’s under the earth as well. There’s no happy ending here. The only way this can end is with total collapse. You can’t keep drawing down resources that are going to come to an end and think there’s any kind of future. This was not a way of life that was ever going to last.
J: A couple of other problems with agriculture are if you are drawing down your own land base, that’s going to lead you to militarism. It leads you to conquest because if you don’t conquer somebody else you’re going to starve. So basically once you’ve drawn down your own land base, then you have a choice. You can either collapse or you can expand. So can you talk about the relationship between agriculture and expansion, and also the fact that agriculture is really hard work, so agriculture and slavery?
K: That’s the pattern of civilization everywhere. There is no exception. There can’t be an exception, because once you’ve used up your own resources, you have to go out and get them somewhere else.
J: Let’s just use an example of the local Tolowa Indians, who lived here for at least 12,500 years. Their lifestyle was based—their food, a lot of their caloric input, came from salmon. If they ate all the salmon, if they killed off the salmon somehow, then that means they would have to conquer someone else, or starve to death, right? Is that basically what you’re saying?
K: Yes. Or take the example of, it doesn’t even matter, any civilization. They’re generally going to be based on one of seven or eight crops—corn or wheat or barley or whatever. Every year there’s less and less of it because every year the soil is more and more degraded, there’s more salinization taking place, more salt, literally, in the soil. You will see this throughout history where both the archaeological record of things like the strata that they can just dig through, and then what’s actually in the cooking pots, and then if there are written records of history, you can see how one crop shrinks and shrinks and shrinks, so they try another one that’s more salt-hardy, and eventually that will collapse too. You even have written descriptions of how the surface of the land is glistening white with salt, and “What are we going to do?” They destroyed their land, doing agriculture.
You can pick your power center, but it’s always the same process. You’re using up what you’ve got, and in this process you’re also destroying the rivers and you’re pulling down more trees, and of course you need all those things to survive. Your population is too high to survive on what’s there.
That’s the problem with cities. Eight million people cannot live sustainably on the island called Manhattan. It just can’t be done. Resources have to come from somewhere else, the food, the water, the energy. And the problem is that nobody willingly gives up those things.
The people who live in the watershed next to you, they don’t want to give you what they need. Why would they willingly just die so you can have their trees, their water and their fish? They’re not going to do that. So you’re going to come into conflict. This is why agricultural societies end up militarized. And they do, always.
It doesn’t matter what beautiful, peaceful values those people might hold in their hearts. It doesn’t matter—their lovely art, their music, their paintings, their frescoes, what religion they might be—it doesn’t matter, materially speaking. They have used up their resources. They will starve to death without food. They’re going to have to go out and get it from somewhere else.
