Editor’s Note: Jane Anne Morris’ 2005 essay “Help! I’ve Been Colonized and I Can’t Get Up” is considered a classic text within the community rights movement. It criticizes the regulatory regime of environmental and public health protection, which has ultimately helped corporations standardize and de-risk investments, while failing to prevent ecological collapse. Instead of participating in this system, Morris proposes six legal changes which would substantially limit corporate power.
The problems described in this essay have only become even worse since 2005. Barriers to challenging corporate-friendly legal structures are numerous, deeply embedded, and well-defended by teams of lawyers, lobbyists, and politicians who are entrenched in government and other institutions like military units employing defense-in-depth. Seventeen years of anti-corporate-power organizing, since this essay was written, has yet to breach these barricades.
Morris’ essay today can be read in at least two ways: first, as calling for a populist effort to reign in corporate power, as she originally intended the piece; and second, as a historic account of advancing corporate power which calls for strategic and ethical escalation in defense of planet Earth.
Take a Lawyer and an Expert To a Hearing and Call Me In a Decade
By Jane Anne Morris
A third of your friends are locked down Reclaiming the Bill of Rights, Building a Movement in an old growth grove or at a corporate headquarters, with law enforcement officers rubbing pepper spray in their eyes. Another third are preparing testimony so you can be persuasive at a generic regulatory agency hearing while you’re begging them to enforce a tiny portion of our laws. The third third are trying to raise money to pay lawyers to get your friends out of jail (after they’ve been released from the hospital) or take the regulatory agency to court (after it declines to enforce the law).
The pepper spray, groveling and money-grubbing might not be so bad if we could honestly say that the earth is better off today than it was four years ago. I can’t honestly say that.
This diatribe is an effort to take a hard look at what we’re doing and insinuate some new elements into the debate. It’s not intended to belittle any of our efforts, point fingers, or assign blame, so don’t take it personally. We are all earthlings.
Our campaigns follow the gambling addiction model. The last bet didn’t pay off but the next one might if… if… if we just had a new, improved tripod, three more experts, more labor or church support, ten more elected officials on our side, a hundred more people at the demo, or a thousand more letters in the mail…. Who are we kidding? We are just doing the “same old thing” over and over again and fooling ourselves that it might work next time.
We are stuck in a feedback loop where our failures are interpreted as signs that we should repeat our failed tactics, but try harder. This is what it is to be colonized. The telltale sign is not that we’re failing, but that we’re fooling ourselves, and don’t see it as a feedback loop.
If our minds are not colonized, then how come almost every Earth First! Journal action piece starts with a banner or a lockdown and ends with a plea to write a letter to a white male bigshot? (Go ahead, look through back issues. It goes on for years and years.)
Over at corporate headquarters they have a steeper learning curve.
Despite the occasional bag of guts on the committee table or clever banner, it must be reassuring for corporate executives and those who serve them to sit back and smile at the success of their containment efforts, and the predictability of our campaigns.
The issue of whose minds are colonized is a delicate one. We all know people whose minds have been colonized. Who are they? They are other people — people out there. They are somebody else. Not us.
It’s time we did the unthinkable and asked ourselves if we have been colonized. What do we see when we compare our strategies to corporate strategies?
Many of our groups are organized to save wolves, butterflies, trees, prairie flowers, rivers, deserts, or estuaries. But corporation executives don’t organize to destroy the wolves, butterflies… flowers… estuaries. Nor do they organize to pollute the air, spoil the rivers, or promote five-legged frogs.
This asymmetry should give us pause as we try to understand why corporations are on a roll while we’re stuck in a feedback loop. Let’s look again.
Corporate strategy leverages their power; their efforts reinforce and magnify each other. Our strategy splits our resources and dissipates our power.
Corporate strategy aims to increase the power that corporations have over people. That means that when a single corporation gets a victory, it helps all other corporations, too. They are all stronger, they all have more power, and the people have less.
We work on separate harms. When we lock down to one old growth stand, others go unprotected. When we protest about one chemical, others go unprotested. When we testify to preserve one watershed, others are not spoken for.
We have whole campaigns directed at one chemical, one corporation, one species, one grove of trees, one article of clothing.
In doing so, we fracture our resources. While we’re out working on a “Chlorine is Bad” or “Wolves are Good” campaign, we’re not working on all of the other chemicals, animals, trees, etc., that also need attention.
Some of us argue that this fracturing is inevitable, because there’s so much wrong in the world. (Declaring a problem to be inevitable is a great way to justify not talking about it. Another gift to the corporate world view.)
Others of us think that the fracturing results from not being organized enough, or not being organized right. This opens the door for endless bickering about whether we should organize by bioregion or by article of clothing, by species or by chemical, by issue or by occupation. Either way, we’re still fractured.
Being fractured is another way of being colonized.
Another sure sign of being colonized is when you censor yourselves, and don’t even wait for others to do it. Some of our self-imposed limitations are right off of a corporate wish list.
We have a strange “but it’s the law” syndrome. Why can’t we bring up important issues at EPA hearings? It’s regulatory (administrative) law. Why can’t we get our views accurately presented on TV? It’s (corporate) private property law and FCC regulations. Why can’t we imprison corporate executives for what their corporations do? It’s liability law.
So what do we do? We toe the line at the EPA hearing. We dress up as animals to get a moment on TV. We let lying corporate executives lie.
That is, we work around the defining laws that are the groundwork for a rigged system. We’re looking for favors, lucky breaks. We don’t even dream of control, yet we call this a democracy.
This is being colonized.
Corporation representatives do not feel constrained in this way. Nothing is too destructive, too audacious, too outrageous for them to attempt. After all, they have most of us believing and not even objecting to the idea that corporations have “rights.” In early 1998 an association of corporations (itself a corporation that supposedly has “free speech” rights, according to prevailing legal opinion) sued a talk show host in Texas for saying that she’s going to stop eating hamburgers.[1]
Then there’s the Zen of “Describing The Problem.”
We need our storytellers, we need our scribes, we need our analysts, we need our own human fonts of crazy ideas. We needed Silent Spring.[2] By now we have the equivalent of Son of Silent Spring, Daughter of Silent Spring, Second Cousin Once Removed of Silent Spring. But habitat destruction continues as fast as we can describe it, if not faster. Our compulsion to Describe The Problem (something we do really well) serves a purpose, especially for people who think there’s no problem, but the people who need to hear it the most aren’t hearing it. We’re Describing The Problem to each other in lavish detail, which crowds out efforts to rethink our whole strategy.
Are we doing anything other than lurching back and forth between Describing The Problem and then buckling the seatbelt on our feedback loop? I for one think I’ve heard enough “Bad Things About Corporations,” and I’m pretty tired of working on campaigns that will not only fail, but fail in predictable ways.
How have we been colonized? Let me count the ways. We interpret failures as signals to do the same things over again. We are predictable. Our strategies and styles of organizing fracture and dilute our resources. We either accept this dilution as inevitable, or blame each other for not organizing right. We censor ourselves, in thought and action. We act as though if we Describe The Problem to each other enough, it might go away.
And now, we can argue about whether we’ve been colonized or not. Corporate management is popping extra popcorn for this one.
But enough of what we do. What do corporations do? (The question should be, “What do people do behind the fiction of corporations?” One of the signs of our being colonized is that we personify corporations. I’ve been trying to avoid that in this piece but… help, I’ve been colonized and I need help getting up….)
Corporate management figured out a hundred years ago that fighting against each other, competing and diluting their resources was weakening them and limiting their power. So they don’t do that any more.
So what do people do while hiding behind the corporate shield? The short version is that they write a script for us, and we follow it. Then they write a script for themselves, and we don’t even read it.
A big part of the script written for us involves Regulatory Law (including environmental and administrative law). It assumes that corporations have the rights of constitutional “persons.”
It outlines procedures for what We the People can do (not much); what government can do (a little more); and what corporations can do (a lot).
At regulatory agencies, corporate “persons” (that is, corporations) have constitutional rights to due process and equal protection that human persons, affected citizens, do not have. For non-corporate human citizens there’s a “Democracy Theme Park” where we can pull levers on voting machines and talk into microphones at hearings. But don’t worry, they’re not connected to anything and nobody’s listening ‘cept us.
What Regulatory Law regulates is citizen input, not corporate behavior. So when we cooperate in regulatory law proceedings, we are following the script that corporation representatives wrote for us. We’re either colonized, or we’re collaborators. That the regulatory agencies fail to protect the public is clear. Why they fail is another matter.
One reason is that they were set up with the cooperation of and sometimes at the urging of big corporations. Today regulatory agencies and trade associations work together to do the work that the “trusts” of the last century were set up to do.
A second reason for regulatory failure concerns the nature of the corporation, to which we turn briefly.
Corporations are not natural entities, like karner blue butterflies or white pines. Corporations are artificial creations that are set up by state corporation codes. These state laws, plus a bunch of court cases, form the basis for the notion that corporations have powers and “rights.”
This law is Defining Law. This law is the script that corporate lawyers write for corporations. This law is the law that we don’t even read.
It’s right there in the law books in black and white, just like the “regs” that we spend so much time on. But this Defining Law is invisible to us because we’ve been colonized and have accepted it as a given. We leave this defining law — in corporation codes, bankruptcy law, insurance law, etc. — to corporation lawyers, who rewrite it every few years without so much as a whimper from citizen activists. Then we wonder why the parts-per-million regulations aren’t enforced.
So, the second reason that regulatory agencies fail to protect the public is that we have allowed corporate lawyers to write the Defining Law of corporations. This law bestows upon corporations powers and rights that exceed those of human persons and sometimes of government as well. It seems pretty obvious, then, that we need to rewrite the Defining Law.
Sooner or later we come up against the claim that all this stuff about “rights” and so on is just too legalistic. None of us wants to be involved in narrow and excessively legalistic strategies.
However, a glance through any Earth First! journal will confirm that we’re constantly dealing with The Law, whether we’re filing testimony or engaged in direct action. As long as we’re in the legal arena, we might as well be dealing with Defining Law, and not the regulatory frufru that we’ve allowed to distract us.
If the civil rights movement had been afraid to touch the deep defining “law of the land” we’d still be laboring under “separate but equal.” For as long as we stick with Regulatory Law and leave Defining Law to corporate lawyers, we’ll have corporate government.
What are we going to do tomorrow morning?
We could keep doing what hasn’t worked in case it works next time; we could denounce people who suggest that what we’re doing isn’t working; we could declare victory so our folks won’t get so depressed and discouraged. I’d like to steer clear of those options.
I’d also like to avoid “negotiating” with corporations as though they were persons with a role in a democratic system, and avoid doing anything else that accepts that corporations have the constitutional rights of human persons.
Here is one cluster of ideas for rewriting the Defining Law of corporations. It’s not a 3-point plan, and it’s not the beginning of a twenty point plan — just some ideas to think about.
1. Prohibit corporations from owning stock in other corporations. Owning stock in other corporations enables corporations to control huge markets and shift responsibility, liability, resources, assets and taxes back and forth among parent corporations, subsidiaries and other members of their unholy families. By defining corporations in such a way to prohibit such ownership, much of the anti-trust regulatory law becomes unnecessary and superfluous.
2. Prohibit corporations from being able to choose when to go out of business (in legalese, no voluntary dissolution). This would prevent corporations from dissolving themselves when it came time to pay taxes, repay government loans, pay creditors, pay pensions, pay for health care, and pay for toxic cleanups.
3. Make stockholders liable for a corporation’s debts. People who want to be stockholders would reallocate their resources to corporations that they knew something about, that weren’t engaged in risky, toxic projects. (This would encourage local, sustainable businesses and healthy local economies. Imagine that.)
These three measures might seem “unrealistic” to some, but it beats the heck out of a voluntary code of conduct, or a wasted decade at a regulatory agency. All three of these provisions were once common features of state corporation codes. No wonder corporate apologists prefer that we hang around in the regulatory agencies with our heads spinning with parts per million and habitat conservation plans.
These three measures were quite effective, which is why corporation lawyers worked so hard to get rid of them. But they address only a tiny portion of what needs to be done.
Here’s another cluster of ideas for ways to shape a democratic process that is about people. (The idea that corporations have “rights” would seem nonsensical to any but a colonized mind.)
1. No corporate participation in the democratic process. Democracy is for and about human beings. Corporations should be prohibited from paying for any political advertisements, making any campaign contributions, or seeking to influence the democratic process in any way.
2. Corporations have no constitutional rights.
A corporation is an artificial creation set up to serve a public need, not an independent entity with intrinsic “rights.”
3. Corporations should be prohibited from making any civic, charitable, or educational donations. Such donations are used to warp the entire social and economic fabric of society, and make people afraid to speak out against corporations.
These probably seem even more “unrealistic” than the first batch. Imagine how good it is for corporate executives that we find these ideas “impractical.” And by the way, these were all once law, too.
The final objection to be raised is that we’ll never get anywhere as long as the “news media” are against us, refuse to cover our issues, and distort our views. Agreed.
But the “news media” are corporations, key players in a system of propaganda that encompasses not only television, radio and newspapers, but also the entire educational system. The “airwaves” belong to the public.
Why have we allowed a puppet federal agency to “lease” the public airwaves to huge corporations? Ya wanna lock down? Lock down to a TV or radio station and make the public airwaves public again. Not for a day but for a lifetime.
Ya like boycotts? What if a regulatory agency gave a hearing and nobody came? The outcome would be the same but we wouldn’t have wasted all the time and resources, nor would we have helped grant an aura of legitimacy to a sham proceeding.
What could we do instead? We could get together with the lawyer and the expert and begin to figure out how to stop being collaborators.
Jane Anne Morris was a corporate anthropologist who lived in Madison, Wisconsin. She was the author of Not in My Backyard: The Handbook, and a member of POCLAD, the program on Corporations, Law and Democracy. Some of her work has appeared previously in Rachel’s (#488, #489, and #502). In its present form, this essay originally appeared in Defying Corporations, Defining Democracy. This article originally appeared on POCLAD.
I’m going to use Jane McAlevey’s definition for organising as described in a previous post: “organizing places the agency for success with a continually expanding base of ordinary people, a mass of people never previously involved, who don’t consider themselves activists at all – that’s the point of organizing.”
In this post, I’ve included activism around ‘rights’ and ‘issues’, to make this list as comprehensive as possible. I’d also add that this is a rough sketch of what to organise (and mobilise) around and this list needs more research and probably reworking.
Workplace
The first area to organise around, with a long history is the workplace and employment. This was an important area of struggle to change society in the twentieth century, but the nature of work has changed and the trade unions have been crushed in the last 40 years. There have been, and are, several union forms; those from the past will be looked at in future posts. Currently, there are large unions, known as ‘service unions’, and ‘base unions’.
The second area to organise around is the community, including: community organising, community unions, the community rights movement, and community social welfare programmes.
Community organising was developed in the mid-twentieth century in the US. It involves campaigns to change institutional policies and practices to improve the living conditions for community members. Hackney Unites has put together a good HU-community-organising. National reformist community organising organisations doing good work include Citizens UK and Community Organisers. There will be many local groups and organisations using community organising methods all over the UK.
There has been a first step in the UK to set up a community rights movement in the formation of the Community Chartering Network. This comes from a successful community charter in Falkirk, Scotland, that resulted in the Scottish Government banning fracking in Scotland. Read the story here.
Community social welfare programs are generally run by local government or NGOs (Non-government organisations). A good example of this in the UK was the British Restaurants – communal kitchens set up in 1940 to provide cheap food so everyone could eat.
Communities have been under attack since the 1970s, with many basic services and social centers no longer in operation. Community social welfare organising now involves activists running basic services in their communities to fill the gaps where the state has been rolled back. The classic example would be the Black Panthers Free Breakfast for Children in the US in the 1960s/70s.
In 2014/2015 a pay as you feel cafe called Skipchen in Bristol served over 20,000 meals. Can Cook in Garston, Liverpool provides thousands of free hot lunches for children in poverty in the Merseyside area. Foodhall is a public dining room and kitchen in Sheffield that is managed by the community, for the community, tackling social isolation and encourage integration across a diverse range of groups. Foodhall are campaigning for a National Food Service, to develop public social eating spaces around the country. There is Cooperation Town movement based on Cooperation Kentish Town that provides a community space with healthy, cheap food, childcare and more.
Combining Workplace and Non-Workplace
The third area to organise is a combination of workplace/job and struggles outside the workplace, including: Jane McAlevey’s ‘whole worker organizing’, community unionism, and social movement unionism.
Whole worker organising merges workplace and non-workplace issues based on Jane McAlevey’s extensive experience of community and union organising. This article gives a good summary of McAlevey work in Connecticut that combined housing and workplace struggles.
Janice Fine is her 2005 article, “Community Unions and the Revival of the American Labor Movement” describes community unionism as community-based organisations of low-wage workers that focus on issues of work and wages in their communities. They are based on specific ethnic and geographic communities (as opposed to workplaces), especially immigrants and African Americans. Fine describes how they have appeared from several sources including: “community and faith-based organizing networks, Central America solidarity movements and other left-wing organizations, legal services as well as other social service agencies, immigrant nongovernmental organizations (NGOs), churches, and some labor unions.” These community unions are mainly focused on work-related issues but also include other aspects of life including housing, healthcare, and education.
Social movement unionism is currently popular in the US, involving the combination of workplace unionists and social movements to tackle issues, civil and human rights and alter structures of law and political power. This article gives a history and critique of social movement unionism. This interview with a member of the UK National Union of Teachers (now the National Education Union) describes the three legs of a stool working together to make a strong union: bread and butter issues, professional issues, social justice and community campaigning.
Megan Behrent writes about a radical form of social movement unionism called ‘social justice unionism‘ here.
Social Strike
The ‘social strike’ is described by Antonio Negre and Michael Hardt in Assembly as the ‘weapon of social unionism’. [1] Keir Milburn states here that the social strike “brings out three functions that will be required from any set of practices able to play a role equivalent to the twentieth-century strike. These are making the new conditions visible, disrupting the circulation of capital and directly socialising, collectivising and communising our social relations, reproduction and struggles.” Negre and Hardt describe the social strike as “the labor movement’s interruption of industrial production and the social movements’ disruption of the social order.” [1]
Recent examples are the UK Youth Climate Strikes and the planned global Earth Strike on September 20th. Around social reproduction, there is the Women Strike Assembly, which organised strikes in 2018 and 2019 on International Women’s Day, March 8th.
Politics
Political organising takes place via a political party or independent citizens’ platforms. Political parties come in several forms: classical traditional political parties, social movement parties, single-issue parties, and digital/internet-based political parties. Some parties combine a few of these forms.
There have been recent innovations in classical traditional political parties such as Obama’s organising/movement presidential campaigns and Bernie Sanders 2016 US presidential campaign using ‘Big Organising’.
Single issue parties would be the green parties in different countries (although many have broadened their policies over time) and the Brexit Party in the UK.
Organising around politics can also be done outside political parties, as the municipalism movement (see below) is showing. For examples of independent politics at the local level in the UK, there is The Indie-town project and Take Back the City in London.
Municipalism
Municipalism is the process of self-government by cities, towns, or municipalities. There are three broad municipalism traditions: municipal socialism, libertarian municipalism, and the right to the city movement.
Municipal socialism describes the local government-led social reform. There have been several phases in the UK. The most recent is the Preston Model, where the local authority changed the procurement for the council and local large institutions (university and hospital) to buy from local businesses and cooperatives. This strengthens the local economy. It is based on the Cleveland model and is known as community wealth building.
Libertarian municipalism (also known as Communalism) is from the theorist Murray Bookchin. Bookchin proposed a twin strategy of popular or people’s assemblies to look at local issues and start to form an alternative government, combined with running municipal candidates chosen by the people’s assemblies to stand in local electoral politics. Bookchin wanted to build institutional capacity and repurpose state power to increase libertarian collective power. The societal, larger-scale vision of libertarian municipalism or Communalism is Confederalism – where self governed cities and localities are connected in a larger network. Ideas of confederalism have been put into practice in Rojava in northeast Syria/West Kurdistan and are known as Democratic Confederalism. They have also been taken up by the international Fearless Cities Movement and Cooperative Jackson in the US.
The right to the city movement started in the 1960s with geographers such as Henri Lefebvre and David Harvey analysing the city from a Marxist perspective. They argue that the transformation of the city depends upon the exercise of collective power to reshape the processes of urbanization to meet the people’s needs.
Poor people’s Movements and Solidarity
The history of poor people’s movements have been explored in detail in the book Poor People’s Movements: Why They Succeed, How They Fail by Frances Fox Piven and Richard A. Cloward. This article gives a good summary of the more spontaneous and disruptive nature of these movements. They are based on mobilising rather than organising, which links to momentum driven organising discussed in this previous post.
DP Hunter has written a book Chav Solidarity and in this article he describes chav solidarity: “if just the left-leaning working class were to collectivise our resources (wages, savings, inheritance, homes, and whatever else), or we were to transform our economy into a communal one, we would be able to provide for one another. Those economically marginalised and living in poverty, as I was not that long ago, would not be in positions of such deprivation and exclusion, their short term concerns of where their next meal was coming from, where they would be sleeping in a week’s time, would abate.”
Institutions
Organising around institutions can take three forms: influencing institutions, reclaiming existing institutions for the left and supporting or creating alternative institutions.
Influencing institutions includes attempting to change state behaviour through laws in parliament or rulings in courts. It could also include influencing political parties, the media or corporations. A good resource on this is How Change Happens by Duncan Green.
Examples of reclaiming existing institutions for the left would be all three municipalism traditions described above. The Labour Party has recently been reclaimed for the left by Jeremy Corbyn. The UCU trade union membership recently elected a grassroots left candidate as General Secretary – Jo Grady. We Own It, campaign against privatisation and make the case for public ownership of public services.
For alternative institutions, the community social welfare programs described above in the community section is an example of this. Others are workers coops in the UK and Mondragon in Spain. Concerning alternative media, see here. Concerning credit unions, see here. Libertarian municipalist people’s assemblies (see above in municipalism section) are an example of an alternative government. There is the recent idea of public-commons partnerships where citizens become co-owners, co-earners and co-decision-makers of municipal cooperatives.
Rights and Issues
There is a lot of crossover between rights and issues, so for now I’ve combined them.
Rights include human rights, democratic and political rights (right to vote, citizenship, civil liberties), economic rights (right to a decent job and pay, and a social safety net such as benefits), rights to public goods/services (public healthcare, education, housing, media etc), community rights movement (see above), and rights of nature.
Issues include the rights of women, gay people, people of colour, disabled people, and others, anti-war and the peace movement, LGBTQ+ movement, inequality, environmental issues with climate change being the biggest concern, and the alter-globalisation or anti-globalisation movement.
Endnotes
1. Assembly, Antonio Negre and Michael Hardt, 2017, page 150
In this writing, taken from ‘The Ohio River Speaks‘, Will Falk describes the urgency in which he seeks to protect the natural world. Through documenting the journey with the Ohio River he strengthens others fighting to protect what is left of the natural world. Read the first part of the journey here.
The first headwaters of my journey with the Ohio River are located in despair. Despair and I have a long-term, intimate relationship.
Seven years ago, I tried to kill myself. Twice.
Suicidal despair is a failure to envision a livable future. The future never comes, so the future is built with the only materials at hand – experience. At times, my experience is so painful, and the pain lasts so long that, when I peer into the future, I only see more pain. When this happens, I sometimes ask: If life is so painful, if life will only remain so painful, why go on living?
I cling to my reason. I live for my family. I have seen the pain my two suicide attempts have caused my mother, father, and sister. My family also includes the natural world. I have been enchanted by the stories the Colorado River tells. I have watched the stars next to ahinahina (silverswords) on the slopes of Mauna Kea. I have seen a great horned owl dance on setting sunlight filtered through pinyon-pine needles.
This doesn’t mean, however, that I do not experience despair anymore.
Sometime last year, a spark flew from our shared global experience to fall into a tinderbox of my recent personal experiences and ignited the strongest inferno of despair I’ve felt in a long time.
I ended a long-term romantic partnership with a woman who, at one time, I thought was the love of my life. I moved in to my parents’ basement in Castle Rock, CO. And, an environmental organization I love working for almost internally combusted.
These realities are personally painful. But, they’re not unique. It is a global reality – the intensifying destruction of the natural world – that is the deepest source of my despair.
The love I feel for my mother and father, for my sister, for rivers, mountains, and forests, for ahinahina, great-horned owls, and pinyon-pines makes me deeply vulnerable. It wasn’t until I noticed the way people have been obsessively tracking confirmed cases of COVID-19 that I realized most people do not pore over studies about rates of ecological collapse like I do.
While COVID-19 is very scary, I find reports like the one from Living Planet Index and the Zoological Society of London in 2018 documenting a gut-wrenching 60% decline in the size of mammal, bird, fish, reptile, and amphibian populations in just over 40 years to be even scarier.
I am cursed with a profound sense of urgency to stop the destruction of the planet.
If millions of people are killed every year by air pollution, then each passing year is, to me, a heinous disaster. If dozens of species are driven to extinction every day, then each passing day is an unspeakable tragedy. If thousands of acres of forest are cleared every hour, then each passing hour is a horrific loss.
If all these things are true, then each passing moment screams more loudly than the last for the destruction to stop. I haven’t found many others who possess a similar sense of urgency. I haven’t even found many others who possess this sense of urgency among fellow environmentalists. The lack of urgency displayed by environmentalists is especially frustrating because environmentalists are aware of the problems we face. Despite this awareness, most environmentalists are still drinking a stale Kool-Aid brewed with the substanceless sugar of ineffective tactics.
For example, I am a practicing rights of nature attorney. In 2017, I helped to file a first-ever federal lawsuit seeking rights for a major ecosystem, the Colorado River. For the past few years, I’ve worked for a nonprofit law firm, the Community Environmental Legal Defense Fund (CELDF), that has developed a strategy for enshrining rights of Nature in American law.
American law defines Nature merely as property. Property is an object that can be consumed and destroyed. CELDF’s strategy, specifically, and rights of Nature, generally, seek to transform the status of Nature from that of property to that of a rights-bearing entity. This is similar to how ending American slavery required transforming the legal definition of African Americans as property into African Americans as rights-bearing citizens. Those with rights have power over those without rights.
And, in a culture based on competition, those with rights oppress those without rights.
A key component of CELDF’s strategy involves helping communities affected by environmental destruction to use their local lawmaking functions to enact laws granting Nature the rights to exist, flourish, regenerate, and naturally evolve. These laws also give Nature legal “personhood” which empowers community members to bring lawsuits to enforce Nature’s rights. Currently, under American law, if community members want to sue to stop environmental destruction, they must frame the problem as violating their rights as citizens. It is often more difficult to prove that environmental destruction directly harms humans than it is to prove that an activity harms an ecosystem.
If Nature was recognized as a legal person and communities simply had to prove that an activity violated the rights of Nature, then many destructive activities would become illegal. On the surface this may seem like a great strategy. However, this strategy depends on convincing too many people in power, who directly benefit from the status quo, to embrace and enforce rights of Nature. The powerful derive their power by exploiting Nature. Enforcing Nature’s rights would undermine their power. This is why they react so violently whenever their power is truly threatened. Even if convincing all these people to give up their power is possible, it will likely take decades to change the legal system into one that respects rights of Nature.
In CELDF, we are working hard to reinvent our strategy to reflect the recognition that legal change, by itself, is taking far too long.
Nevertheless, most tactics employed by environmentalists are based on achieving a voluntary transition to a sane and Earth-based culture. But, do we really think this voluntary transition is possible? And, even if we do, don’t we have to admit that this voluntary transition is taking a long time? As time slips away – and so much is destroyed and so many are murdered – shouldn’t we be most concerned with stopping the dominant culture as quickly as possible? When I suggest that we have an open and frank conversation about what it will take to truly stop the destruction, I am often dismissed as being unrealistic and too extreme.
This causes me to despair. When I despair for too long I become depressed and anxious. When I am depressed and anxious I shake, tremble, fidget, and pace. Over the years, I’ve learned that when this happens, my body is telling me to move. Unsurprisingly, one of the best medicines I’ve found for mental illness is exercise. Lately, though, my typical regimen for managing despair hasn’t been working. No matter how much I exercise, no matter how much stress I shed from my day, no matter who I spend time with, the flames of despair keep on licking the edges of my consciousness. The lack of urgency I find reflected around me also causes me to question my perception of reality.
Are things really as bad as I think they are?
It is natural to seek validation from other humans. But, most humans I know would rather not join me in my despair. Psychologist R.D. Laing in The Politics of Experience was correct when he wrote:
“If Jack succeeds in forgetting something, this is of little use if Jill continues to remind him of it. He must induce her not to do so. The safest way would be not just to make her keep quiet about it, but to induce her to forget it also.
Jack may act upon Jill in many ways. He may make her feel guilty for keeping on ‘bringing it up.’ He may invalidate her experience. This can be done more or less radically. He can indicate merely that it is unimportant or trivial, whereas it is important and significant to her. Going further, he can shift the modality of her experience from memory to imagination: ‘It’s all in your imagination.’ Further still, he can invalidate the content: ‘It never happened that way.’ Finally, he can invalidate not only the significance, modality, and content, but her very capacity to remember at all, and make her feel guilty for doing so into the bargain.
This is not unusual. People are doing such things to each other all the time. In order for such transpersonal invalidation to work, however, it is advisable to overlay it with a thick patina of mystification. For instance, by denying that this is what one is doing, and further invalidating any perception that it is being done by ascriptions such as ‘How can you think such a thing?’ ‘You must be paranoid.’ And so on…”
Similarly, it is easy to seek answers from television and computer screens. The internet provides more access to certain forms of information – like graphs, statistics, and written reports – than ever before. However, answers provided by graphs, statistics, and written reports will always be secondhand. I do not want to risk the invalidation of the experience of others that many humans are so adept at. Neither do I want to settle for secondhand answers.
I want to see for myself.
Earth is vast. Ecocide is extensive. I have neither the time nor the resources to rely solely on firsthand knowledge. Fortunately, the Ohio River is vast enough to implicate global reality while remaining small enough for me to witness with my limited budget and finite time. Meanwhile, my body urges me to move. So, why not put that movement to good use? Instead of killing birds, I’ll kill two drones with one stone, by embarking on a journey with the Ohio River. I can write, with eyewitness testimony, about how bad ecocide has become in the Ohio River basin. At the same time, I can ask the Ohio River if her waters can quell this despair burning within me.
I know I am not alone in my despair.
William Styron wrote in his poignant exploration of despair, Darkness Visible: A Memoir of Madness: “The pain of severe depression is quite unimaginable to those who have not suffered it, and it kills in many in stances because its anguish can no longer be borne. The prevention of many suicides will continue to be hindered until there is general awareness of the nature of this pain.”
As I travel with the Ohio River, witnessing her many wounds, I will describe my pain. If she will help me bear that pain, I hope my story will show how a river can save your life.
In this episode of The Green Flame, we speak with Will Falk. Will is a writer, lawyer, environmental activist and former collaborator of Deep Green Resistance News Service. The natural world speaks and Will’s work is how he listens to Nature.
In the fall of 2013, he began traveling to support environmental causes he felt passionate about, endeavor which took him to places such as the Unist’ot’en Camp on the unceded territories of the Unist’ot’en Clan of the Wet’suwet’en First Nation in central British Columbia, to the Big Island of Hawai’i, to pinyon-juniper forests and across the Great Basin among other points of interest.
Passionate about defending the Colorado River in all her length, he believes the ongoing destruction of the natural world is the most pressing issue confronting us today. For Will, writing is a tool to be used in resistance and he periodically takes freelance legal and content writing work to support himself while researching and writing about environmental causes.
Here’s a little excerpt of the interview (minute 18:10):
“One interesting thing when thinking about the threats to the Colorado River is [ … ] most people assume if they stopped watering their lawns in the Colorado River Basin, if they stopped taking showers, if they controlled their use of water better, that this would have a large benefit to the Colorado River and that’s just not true because about 78% of the Colorado River’s water used for agriculture and industry it goes to corporate uses. I think about 10 or 12 percent of the Colorado River’s water is actually used by households and individual humans. That number is comparable to the amount of water that golf courses in the Colorado River Basin use. So even if every human being in the Colorado River Basin just stopped taking showers and watering their lawns forever and we did nothing about the corporations and the industry that uses this water, we still would be having this huge impact on the Colorado River and we might not be able to really alleviate the problems that the Colorado River is facing.”
You can also find some contributions by Will Falk right here on the DGR News Service. Here are a couple of links:
The Green Flame is a Deep Green Resistance podcast offering revolutionary analysis, skill sharing, and inspiration for the movement to save the planet by any means necessary. Our hosts are Max Wilbert and Jennifer Murnan.
Please contact us if you can help transcribe this podcast, or want to get involved.
Rights of nature is a legal and political concept that advocates for ascribing legal personhood to natural entities. Traditionally, indigenous cultures across the world have worldviews consistent with treating natural entities as persons.
Organizations like Community Environmental Legal Defense Fund (CELDF) and Global Alliance for the Rights of Nature (GARN) have been advocating for Rights of Nature.
Editor’s note: on Thursday news broke that the Environmental Protection Agency in the U.S. is suspending enforcement of regulations due to the coronavirus outbreak.
This comes several weeks after China waived their own environmental regulations in order to re-start their economy as fast as possible, raising fears of a “pollution backlash.”
From a DGR analysis, this is predictable. Within a culture that is dependent on destroying the planet, the needs of the economy—and of the rich—will always be prioritized over the needs of the natural world.
It’s obvious that environmental regulations are failing to protect the planet. That’s partly because, as the Community Environmental Legal Defense Fund (CELDF) often states, regulatory law is written by and for corporations. Nonetheless, regulations do mitigate and slow some of the worst harms. Now, even that flimsy barrier is being dismantled.
We expect this. As Derrick Jensen wrote in Premise 20 of the book Endgame, “Within this culture, economics—not community well-being, not morals, not ethics, not justice, not life itself—drives social decisions.”
Featured image: Public domain photo. Air pollution kills roughly 7 million human beings annually.
‘Holy Crap This Is Insane’: Citing Coronavirus Pandemic, EPA Indefinitely Suspends Environmental Rules
The Environmental Protection Agency, headed by former coal lobbyist Andrew Wheeler, announced on Thursday a sweeping and indefinite suspension of environmental rules amid the worsening coronavirus pandemic, a move green groups warned gives the fossil fuel industry a “green light to pollute with impunity.”
Under the new policy (pdf), which the EPA insisted is temporary while providing no timeframe, big polluters will effectively be trusted to regulate themselves and will not be punished for failing to comply with reporting rules and other requirements. The order—applied retroactively beginning March 13, 2020—requests that companies “act responsibly” to avoid violations.
“EPA is committed to protecting human health and the environment, but recognizes challenges resulting from efforts to protect workers and the public from COVID-19 may directly impact the ability of regulated facilities to meet all federal regulatory requirements,” Wheeler said in a statement. “This temporary policy is designed to provide enforcement discretion under the current, extraordinary conditions, while ensuring facility operations continue to protect human health and the environment.”
Cynthia Giles, former head of the EPA’s Office of Enforcement under the Obama administration, toldThe Hill that the new policy is “essentially a nationwide waiver of environmental rules for the indefinite future.”
“It tells companies across the country that they will not face enforcement even if they emit unlawful air and water pollution in violation of environmental laws, so long as they claim that those failures are in some way ’caused’ by the virus pandemic,” said Giles. “And it allows them an out on monitoring too, so we may never know how bad the violating pollution was.”
Published under the Creative Commons Attribution-Share Alike 3.0 License.
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