Environmental justice and the state

In this article, I address a set of recent publications that explicitly critique U.S. environmental justice (EJ) movements and scholars for looking to the state for protection from environmental harm. These publications have argued that U.S. EJ movements and scholars have become preoccupied with seeking justice through state institutions instead of through other routes of change, that they do so principally through overly cooperative practices that cede the terms of debate to the state, and that engaging with the state inherently perpetuates injustice. Their arguments make important, incisive contributions to EJ studies and raise sobering questions about EJ activists’ engagement with the state. In this article, I highlight some of these contributions, but I also critique their arguments on two grounds: First, drawing on various studies, I argue that these publications’ empirical characterizations of EJ activism understate the diversity of tactics EJ activists use. Second, I argue that they treat the state as a wholly and inevitably repressive instrument of capital, and that this leads them to make politically problematic recommendations that dismiss the ways in which states also serve other ends, can be made to do so more meaningfully, must be made to do so, and are being made to do so. Reductionist characterizations of the state too easily dismiss the prospects for change through the state—including reforms that are modest but nevertheless reduce harm as well as “nonreformist reforms” that more fundamentally support justice, all of which can be pursued through both collaborative and confrontational practices. I draw on recent theoretical and empirical research from political ecology, political geography, and Native American and Indigenous studies—scholarship that treats the state in a more relational fashion and which intersects with or exists largely outside of EJ studies—to theorize my arguments and provide illustrative examples.