Justice-based approaches to environmental harm - Environmental Harm: An Eco-justice Perspective - page 11

which are caused by acts (for example, dumping of toxic waste) or
omissions (for example, failure to provide safe drinking water) leading to
the presence or absence of environmental agents (for example, poisons,
nutrients) which are associated with human injury (see Williams, 1996).
Management of these forms of victimisation is generally retrospective
(after the fact), and involves a variety of legal and social responses. What
is important is that the central actor in this definition is humans (not
nonhuman animals or eco-systems). Much the same can be said of re-
conceptualisations of environmental rights as 'human rights' in that the
selfsame concept is premised upon notions of humanity.
Nonetheless, the law does allow for a modicum of protection for
the nonhuman as well as the human (even if they do not have legal
standing as 'victims' in their own right). This is reflected in legislation
pertaining to endangered species (for example, particular animals such
as tigers) and to conservation more generally (for example, in the form
of national parks). Harm is central to these forms of social regulation as
well, however; whether 'harm to the environment' is of consequence
unless it is measured with reference to human values (for example,
economic, aesthetic, cultural) is of ongoing concern in regards to legal
decision-making (see Lin, 2006). In essence, natural objects (such as
trees and forests) lack legal rights (and agency or volition) and so must
rely upon humans to bring actions to protect them. Some argue that
the inherent interests of 'natural objects' ought to be protected through
legal actions by the objects themselves, with humans serving as their
guardians or trustees (Stone, 1972; Lin, 2006).
Intervention in environmental matters depends in part upon
how harm and risk are conceived and whether assessment of these
subsequently leads to action. Responding to environmental harm
is not only about reacting to specific events or incidents but also
includes predicting and evaluating potential threats or risks into the
future. Precaution is central to protecting the planet, humans and
nonhuman animals from projected harms. This involves weighing up
and recognising which harms and risks actually exist, and for whom.
What gets defined as 'harm' or 'risk' is contingent upon the capacity of
sectional interests to secure measures for generalising and implementing
action against what is deemed to be 'harmful' behaviour, primarily
via the state. Harm is rendered invisible to the extent that it can be
externalised to more vulnerable population groups who do not have
access to the social and political networks of influence available to the
powerful. Harm is rendered unproblematic when nonhuman animals
(of particular types) and specific bio-spheres are exploited or damaged
without an advocate to stand up for their specific interests. Evidence