Green Criminology: Examining Environmental Crimes, Corporate Responsibility, and Legal Frameworks

The term "green criminology" was introduced by Michael J. Lynch in 1990[1], and expanded upon in Nancy Frank and Michael J. Lynch's 1992 book[2] Corporate Crime, Corporate Violence, which examined the political economic origins of green crime and injustice, and the scope of environmental law. Green criminology is the subfield of criminology with a substantial literature. That literature is so vast that a single review cannot do it justice.

With the ever increasing of environmental challenges, especially in India like pollution, climate change, deforestation, water scarcity and habitat destruction, it becomes crucial to understand and study green criminology as this field helps in getting to know the criminal activities that contribute to these problems and its impact on the environment and ecosystem. Green criminology is a field of study in environmental law which focuses on the crimes committed against the environment. This subject examines and studies as to how human activities can lead to environment degradation and thereby inflicting harm to the inhabitants as well.

This research paper delves deep into the arena of green criminology, exploring the understanding of the concept. Then gradually explaining the need for studying green criminology, while slowly entering into the realm of Indian context. The following chapter examines the environmental crimes, first explaining the concept of the same. structure, impediments, and India's participation in global treaties and agreements pertaining to environmental safeguarding.

This article elaborates the definition of green crime, the historical development of green criminology, some major areas of green criminological research, and potential future developments. While traditional criminological fields are for providing justice to humans, green criminology recognizes that various living beings other than humans can be victims of the ways in which humans harm ecosystems. Green research thus explores crime, victimization, and justice that acknowledge these unique victims.

Methodology
This dissertation employs a qualitative research approach to explore the complexities of environmental crimes and their legal responses. The study relies on a combination of secondary data analysis, case studies, and thematic analysis to provide a comprehensive understanding of environmental harm from a criminological perspective.

The study follows a descriptive and analytical research design, focusing on existing literature, legal frameworks, and case studies related to environmental crimes. By analyzing scholarly articles, government reports, legal documents, and international treaties, this research identifies key challenges and enforcement gaps in green criminology.

Key Issues in Green Criminology

  • Illegal Wildlife Trade: The illicit trafficking of endangered species threatens biodiversity.
  • Deforestation and Habitat Destruction: Large-scale logging contributes to climate change and species extinction.
  • Pollution and Toxic Waste Disposal: Industrial activities release pollutants that endanger public health and the environment.
  • Climate Change Crimes: Actions such as carbon emissions fraud and non-compliance with environmental regulations contribute to global warming.
  • Water and Air Contamination: The pollution of natural resources leads to severe health and ecological consequences.

Three Primary Areas of Focus of Green Criminology

  • Ecological Justice: Entails assessing our effects on ecosystems, which are composed of both living and non-living components. For instance, it is concerning when mountains, rivers, woods, and the animals that inhabit there are harmed. It's about realizing and doing something about the damage humans are doing to the ecosystem.
  • Environmental Justice: The fair treatment of individuals with regard to environmental issues is the focus of this strand. It examines the differences and diverse effects on a range of groups, including children, the underprivileged, people at risk, and indigenous cultures. Making ensuring that everyone lives in a just and fair environment is the aim.
  • Species Justice: This component is concerned with the treatment of animals. It deals with cases of animal maltreatment as well as the trade of animals, both legal and illicit. The goal of species justice is to address problems such as ecocide, which is the taking of human life along with harm to the health of other species. In essence, it's about defending and promoting the welfare and rights of animals.

Data Collection
To evaluate how various nations and regulatory agencies manage environmental offenses, information is gathered from scholarly sources, environmental organizations, and legal institutions. Furthermore, case studies of industrial pollution, wildlife trafficking, and illicit logging show how green criminology ideas are used in the real world. Since environmental crimes have increased in India, the concept of "green criminology" has received a lot of attention. In this country, environmental crimes and wrongdoings include pollution, deforestation, illegal wildlife trading, and unlicensed mining. These activities not only damage the environment and public health, but they also have major detrimental impacts on the economy and society.

'The National Green Tribunal' (NGT) 2010 is a government agency that was created in India to address these issues. In order to handle environmental issues and enforce environmental laws, the NGT runs a specialist court.

Furthermore, numerous advocacy groups and nongovernmental organizations in India are actively engaged in raising public awareness about environmental transgressions and their ramifications.

International Treaties And Agreement

India has actively participated in various international environmental agreements and conventions, demonstrating its commitment to sustainability. However, the effectiveness of these accords depends on their proper implementation and enforcement:
  1. Paris Agreement (2015): It establishes legally binding commitments to reduce greenhouse gas emissions, thereby addressing climate-related crimes such as carbon fraud and regulatory non-compliance.
  2. UNFCCC (United Nations Framework Convention on Climate Change): An international treaty that brings countries together to tackle climate change. It follows the idea that while all countries should help, wealthier nations have greater responsibility. India takes part in yearly climate meetings (COP) and is working to use less fossil fuel.
  3. Montreal Protocol (1987): It aims to phase out ozone-depleting substances, addressing environmental crimes such as the illegal production and trade of banned chemicals like CFCs. It plays a crucial role in preventing ecological harm and enforcing legal measures against environmental offenders.
  4. Convention on Biological Diversity (CBD) (1992): A treaty addressing crimes related to biodiversity loss, such as illegal wildlife trade, biopiracy, and habitat destruction. It promotes legal frameworks, conservation efforts, and international cooperation to protect ecosystems and ensure ecological justice.
Even though India has taken big steps under these agreements, challenges like enforcement and resources still exist. Stronger policies and better implementation are needed for lasting impact.

Role of Law and Justice in Green Criminology:

Law and justice play a crucial role in green criminology by establishing legal frameworks to prevent environmental crimes, hold offenders accountable, and promote ecological justice. Effective enforcement of environmental laws ensures sustainability, protects biodiversity, and mitigates harm to ecosystems and communities. The nation has undertaken several measures to create programs that will combat environmental concerns and issues rather than addressing them directly.
 
  1. The Air Act (1981): It deals with the regulation of air pollution.
  2. The Water Act (1974): It aims to prevent and control water pollution.
  3. The Environment Protection Act (1986): It establishes a framework to facilitate environmental protection.
  4. The Wildlife Protection Act (1972): Provides for the hunting and preservation of wild animals and birds.
  5. The Forest Conservation Act (1980): Prevents deforestation and encourages sustainable forest management.
  6. The Biological Diversity Act (2002): To provide for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of benefits arising out of the utilization of biological resources.

Case Studies of Environmental Crimes

Several notable cases highlight the severity and complexity of environmental crimes:
  1. The Deepwater Horizon Oil Spill (2010): One of the worst environmental disasters in history, this spill resulted from BP's offshore drilling rig explosion, releasing millions of barrels of oil into the Gulf of Mexico. The incident led to extensive marine and coastal damage, significant financial penalties, and regulatory changes in the oil industry.
  2. The Volkswagen Emissions Scandal (2015): Volkswagen was found guilty of installing software in diesel vehicles to cheat emissions tests. This corporate environmental crime contributed to excessive pollution and raised concerns over corporate ethics, leading to billions of dollars in fines and regulatory scrutiny.
  3. The Amazon Rainforest Deforestation Crisis: Illegal logging and land clearances, often driven by agricultural expansion, have led to the destruction of vast areas of the Amazon rainforest. Despite legal protections, weak enforcement has allowed deforestation to persist, affecting biodiversity and contributing to climate change.
  4. The Bhopal Gas Tragedy (1984): A catastrophic gas leak at the Union Carbide pesticide plant in Bhopal, India, caused thousands of deaths and long-term health complications. This case remains one of the most devastating examples of corporate negligence in environmental history.
     

Literature Review

Green criminology is an evolving field that examines crimes against the environment, corporate responsibility, and legal frameworks. This section reviews the existing literature on the theoretical foundations of green criminology, corporate environmental crimes, law enforcement challenges, and potential solutions.

Theoretical Foundations of Green Criminology

Green criminology emerged as a response to the limitations of traditional criminology, which primarily focuses on human-centered crimes. Scholars such as Lynch and Stretesky (2003) argue that environmental destruction should be studied as a criminological issue rather than a regulatory concern. White (2013) introduces three key dimensions of green criminology:
  • Environmental justice
  • Ecological justice
  • Species justice
These perspectives emphasize that environmental harm disproportionately affects marginalized communities and ecosystems, requiring a broader understanding of crime and justice.

Corporate Environmental Crimes

Corporations are significant contributors to environmental harm through pollution, deforestation, and illegal waste disposal. Pearce and Tombs (1998) highlight how weak regulatory enforcement enables corporate entities to evade responsibility. Notable examples include the Deepwater Horizon oil spill and the illegal dumping of hazardous waste in developing countries. These cases illustrate the need for stricter regulations and corporate accountability.

Law Enforcement and Legal Frameworks

Despite international agreements like CITES, the Basel Convention, and the Paris Agreement, enforcement remains a major challenge. Elliott (2017) discusses how environmental laws vary across jurisdictions, making compliance difficult. Interpol and UNEP report that transnational criminal networks exploit legal loopholes in:
  • Wildlife trafficking
  • Illegal logging
  • Unregulated fishing
Walters (2010) emphasizes the state-corporate crime nexus, where governments prioritize economic growth over environmental protection.

Future Directions in Green Criminology

Research suggests integrating green criminology with environmental science and policy-making to enhance enforcement strategies. Future efforts should focus on:
  • Strengthening environmental laws with criminal penalties for serious violations.
  • Enhancing international cooperation for better regulatory enforcement.
  • Implementing technological solutions such as satellite monitoring for tracking deforestation and wildlife poaching.
  • Increasing public awareness and community participation in environmental conservation.
This review highlights that addressing environmental crimes requires a multidisciplinary approach involving law, science, and policy-making. Green criminology continues to provide critical insights into preventing environmental harm and promoting accountability.
Conclusion
Green criminology provides a critical perspective on environmental crimes and justice. Strengthening legal frameworks, enhancing corporate accountability, and fostering global cooperation are essential to mitigating environmental harm. Future research should focus on improving enforcement mechanisms and exploring new interdisciplinary approaches to ecological justice.

Annotated Bibliography
  1. Michael J. Lynch and Paul B. Stretesky (2003). Green Criminology: Crime, Justice, and the Environment. This book provides foundational insights into green criminology, focusing on environmental justice and legal responses. It highlights the role of criminologists in addressing ecological harm and critiques weak environmental enforcement.
  2. Rob White (2013). Environmental Harm. White introduces key concepts of environmental justice, ecological justice, and species justice. He argues for an integrated approach to addressing environmental crimes, emphasizing the need for stronger legal enforcement and public awareness.
  3. Lorraine Elliott (2017). The Global Politics of the Environment. Elliott examines international environmental policies and enforcement mechanisms, discussing the challenges of global cooperation in addressing environmental crime.
  4. Frank Pearce and Steve Tombs (1998). Toxic Capitalism: Corporate Crime and the Chemical Industry. This study focuses on corporate environmental crimes, analyzing the impact of industrial pollution and legal loopholes that enable corporate negligence. The authors highlight weaknesses in regulatory enforcement and the challenges of holding corporations accountable.
  5. Interpol & UNEP Reports on Environmental Crime (Various Years). These reports provide statistical data and case studies on global environmental crimes, highlighting patterns in illegal wildlife trade, deforestation, and pollution.
  6. Toine Spapens (2011). Illegal Wildlife Trade and the European Union: Legal Framework and Enforcement Challenges. Spapens discusses the role of the European Union in combating wildlife trafficking. The study highlights enforcement challenges, such as jurisdictional conflicts and resource constraints, in tackling illegal wildlife trade.

End Notes:
  1. Michael J. Lynch, Green Criminology: The Crime and Nature Connection (Routledge 2017).
  2. Nancy Frank and Michael J. Lynch, Corporate Crime, Corporate Violence: Big Business Power and the Abuse of the Public Trust (Routledge 1992).
  3. Rob White, 'Green Criminology and the Pursuit of Ecological Justice' (2008) 11(4).
  4. David N. Pellow, Resisting Global Toxics: Transnational Movements for Environmental Justice (MIT Press 2007).
  5. William S. Lynn, 'Animals, Ethics, and Geography' (1998) 3(2) Progress in Human Geography 320.
  6. Paris Agreement, adopted 12 December 2015, entered into force 4 November 2016. URL: plain text - www.unfccc.int/process-and-meetings/the-paris-agreement
  7. United Nations Framework Convention on Climate Change (UNFCCC), adopted 9 May 1992, enforced on 21 March 1994. URL: plain text - www.unfccc.int
  8. Montreal Protocol on Substances that Deplete the Ozone Layer, adopted 16 September 1987, entered into force 1 January 1989. URL: plain text - ozone.unep.org/treaties/montreal-protocol
  9. Convention on Biological Diversity (CBD), adopted 5 June 1992, entered into force 29 December 1993. URL: plain text - www.cbd.int
  10. The Deepwater Horizon Oil Spill (2010).
  11. The Volkswagen Emissions Scandal (2015).
  12. The Amazon Rainforest Deforestation Crisis.
  13. The Bhopal Gas Tragedy (1984).
  14. Rob White, Environmental Harm: An Eco-Justice Perspective (Policy Press 2013).
  15. Frank Pearce and Steve Tombs, Toxic Capitalism: Corporate Crime and the Chemical Industry.
  16. Interpol and UNEP, Strategic Report: Environment, Peace and Security – A Convergence of Threats (Interpol and UNEP 2016). URL: plain text - www.interpol.int/en/News-and-Events/News/2016/INTERPOL-and-UNEP-report

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