Archive for January, 2010

$9,625 total bail cost, please donate to legal fund

Saturday, January 30th, 2010
posted by charles

Amber Nitchman, Eric Blevins, David Aaron Smith, David Baghdadi, Benard Fiorillo, Josh Graupera and Isabelle Rozendaal stopped a blast site on Coal River Mountain for nine days, now their total bail amounts to $9,625.00. Nitchman and Blevins are still in jail, held for a combined cash-only total of $5,000.

Please donate to the Mountain Justice legal defense fund: Paypal, or another method.

Bail is paid to the state of West Virginia to release people who have been arrested. The state then returns it in full when the person goes to trial. A donation to the legal fund stays in the campaign and enables us to expand the campaign of civil resistance.

The most egregious charge out of all seven people was the concealed weapon charge levied against Baghdadi for a limb saw.  He was trying to get the saw to Nitchman so she could saw off a sapling that was being repeatedly slammed into her platform.  The three sitters were charged with trespass, conspiracy and obstruction, while the remaining four were charged with trespass and conspiracy.

Thank you everyone who has supported us for almost a year on the front lines. Friends have loaned thousands of dollars to get people out of jail, but those loans must be repaid soon. Some people are also not able to pay all the fines that judges gave them after arrest.

It’s equally important, in order to maintain a robust action agenda, to continually raise legal funds as we stick it to mountaintop removal and the largest coal mine operator in Appalachia: Massey Energy.


You can also support us in a more indirect fashion through the purchase of the critically acclaimed Still Moving Mountains CD, or the long-awaited photojournalistic exposé, Dragline.

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Nine-Day Tree Sit Ends, Sitters Vow Not Over Until Blasting Stops

Friday, January 29th, 2010
posted by norag

Nine-Day Tree Sit Ends, Sitters Vow Not Over Until Blasting Stops
FOR IMMEDIATE RELEASE

Contact: 304-854-7372, news@climategroundzero.org
Note: For more info, see : www.climategroundzero.org, www.mountainjustice.org

January 29, 2010

PETTUS, WVa—After blocking Massey Energy’s operations on the Bee Tree Permit for nine days, Amber Nitchman, 19, and Eric Blevins, 28 descended from their respective trees. They had occupied the two oak trees—originally accompanied by a third tree sitter, David Aaron Smith, 23—to protest mountaintop removal and the blasting of Coal River Mountain. Upon descent, they were immediately arrested by West Virginia State Troopers. The sitters’ decision to leave the trees was made in light of the recent drop in temperature.

After a week of Massey security harassing the sitters with deafening sirens and air horns, a call-in pressure campaign was launched by Climate Ground Zero, Mountain Justice and other anti-mountaintop removal groups. The receipt of hundreds of calls from around the country led to an emergency meeting with Climate Ground Zero volunteers, the Raleigh County prosecutor and Governor Manchin. The meeting resulted in the moratorium and a call for an investigation of the abuse.

The tree sit represents Climate Ground Zero’s most sustained intervention in mountaintop removal mining operations since its campaign of nonviolent direct action began last February. Volunteers know that the fight is far from over and expect work to commence on the Bee Tree site immediately. However, they see this tree sit as a victory. “It halted blasting for nine days. I think they’ve wildly succeeded with their goals,” said Climate Ground Zero volunteer Mike Bowersox. In a final communication from her perch, Nitchman captured the group’s resolve. “Its not over until the blasting is stopped,” she said.

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Climate Ground Zero Meets With Governor Manchin

Thursday, January 28th, 2010
posted by norag

Climate Ground Zero Meets with Governor Manchin
FOR IMMEDIATE RELEASE

Contact: 304-854-7372, news@climategroundzero
Note: For more info, see:www.climategroundzero.org, www.mountainjustice.org

January 28, 2010

CHARLESTON, WV – Responding to national pressure over the treatment of tree sitters on Coal River Mountain, West Virginia Governor Joe Manchin asked Climate Ground Zero for an emergency meeting. This morning Roland Micklem, 81, and other group members told the Governor that the civil-disobedience campaign won’t stop until mountaintop removal does. They reminded the governor that the campaign is strictly non-violent, and asked the governor to protect activists from threats of violence by Massey Energy and other coal companies.

“The governor attempted to steer the conversation away from the more massive crime of MTR,” said Micklem. “We are here to oppose mountaintop removal mining, which is a crime. Massey Energy has committed any number of illegalities. We will continue non-violent civil disobedience in order to stop it.”

Today is the eighth day that Eric Blevins, 28, and Amber Nitchman, 19, continue to peacefully occupy trees to prevent blasting near Massey Energy’s Bee Tree strip mine on Coal River Mountain. They are preventing Massey from blasting near a sludge dam that endangers downstream communities.

The sitters have faced constant harassment from Massey Security in the form of air horns, bright lights and violent threats. The meeting resulted in a temporary moratorium on the use of the air horns and flood lights, but the sitters remain worried about the possibility of other, more dangerous, methods of harassment.

Governor Manchin recently came out against violence between the opponents and proponents of mountaintop removal mining after a meeting with coalfield residents about the effects of that type of mining.

In response to news of the harassment, hundreds of people from all over the country called Massey Energy, and then Governor Manchin to express their displeasure with his continued support of mountaintop removal mining, and to pressure him to stop the auditory abuse of the tree sitters. “The massive call-ins to the Governor and Massey Energy this week came from all over the country; mountaintop removal is a national issue with national consequences – the coal companies cannot continue to treat central Appalachia like their own personal playground,” said David Aaron Smith, one of the sitters who had to come down Monday.

Today Manchin stated: “Even if we disagree, I believe we can walk away respecting each other but everyone—including activists and property owners—must do so within the letter of the law.” Activists acknowledge that they are taking part in civil disobedience in response to legal violations committed by mining companies. In the debate with Robert Kennedy Jr last week, Massey CEO Don Blankenship said “I doubt it’s possible [to do mountaintop removal] without having a single violation at a single time.”

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W.Va. Governor condemns violence, but allows abuses to continue

Wednesday, January 27th, 2010
posted by sophie

Governor Joe Manchin III speaks to the press while Bo Webb and Judy Bonds, local activists, and Dr. Ben Stout, a biology professor at Wheeling Jesuit University, linger and converse in the background. Governor Manchin emphasized the importance of a respectful, non-violent dialogue about the issues of mountaintop removal in his meeting with local residents and activists Monday night. Photo by Cheshire/Climate Ground Zero.

Contact: Climate Ground Zero, 304-854-7372 or news@climategroundzero.org

Pettus, W. Va.–This Monday, January 25, W.Va. Governor Joe Manchin held a summit with several opponents of mountaintop removal, including well-known local activists Judy Bonds and Maria Gunnoe, and Dr. Michael Hendryx, a researcher whose studies have concluded that the health costs of coal are greater than the profit it brings in.  After the meeting, Manchin, a coal supporter, stated, “We will not in any way, shape or form in this state of West Virginia tolerate any violence against anyone on any side. If you’re going to have the dialogue, have respect for each other.”

Meanwhile on Coal River Mountain, Eric Blevins, 28, and Amber Nitchman, 19, continue to peacefully occupy trees on Massey Energy’s Bee Tree strip mine to halt Massey’s blasting near a sludge dam that endangers the community. While the tree sitters conduct this non-violent protest of mountaintop removal, they face constant harassment from Massey Security. The security personnel have been blasting five airhorns just below the sitters’ platforms to force the sitters to descend.  At one point, security personnel tied a rope to a thinner tree next to the one occupied by Nitchman, and repeatedly pulled and released the rope so that it would hit the bottom of Nitchman’s platform. Discussion of spraying the sitters with firehoses has been heard over two-way radios.  The police have been shown the appropriate West Virginia legal statute, §61-3E-10, have acknowledged the felony endangerment,and have declined to take any action. Prosecutors and Manchins’ office have also refused to act after being notified of the situation and the laws that Massey is breaking.

On Tuesday, hundreds of people called Governor Manchin’s office and asked that he put an end to Massey’s abuses.  Thus far, he has not responded. Many are infuriated by the discrepancy between Manchin’s promises and the violence that Massey continues to perpetuate. “On January 25, Governor Manchin promised all of West Virginia that violence will not be tolerated,” local activist Judy Bonds said. “On January 26th, I and others called the Governor to ask that he step up to the plate to stop the abuse and violence to two peaceful tree sitters, but the Governor has not kept his promise.”

“The abuse continues as soon as the police leave, which sends a strong message to all abusers that it’s okay as long as you don’t get caught,” said Vernon Haltom of Coal River Mountain Watch. “Governor Manchin’s inaction speaks far louder than his promises. If he hopes to restore citizens’ faith that he meant what he said, he needs to take strong action to stop the violence now.”

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Man Arrested Helping Tree Sit, Abuse of Sitters Continues

Tuesday, January 26th, 2010
posted by norag

Jan. 26, 2010

Contact: Climate Ground Zero, 304-854-7372 or news@climategroundzero.org

Note: For more info, see www.mountainjustice.orgwww.climategroundzero.org

PETTUS, W.Va.–Benard Fiorillo, 21, was arrested on the Bee Tree Strip Mine site while attempting to offer aid to Eric Blevins and Amber Nitchman, two tree sitters taking action to halt blasting on Coal River Mountain. He was trying to send bags up to the platforms with more supplies, but was apprehended by Massey security before he could do so. Yesterday, David Aaron Smith, 23, descended from a third tree.  He is being held on a $2500 cash-only bail and is charged with trespass asked to leave, conspiracy and obstruction.

Since the sitters began their occupation of the trees on Thursday morning, the security guards for Massey Energy – the coal company who owns the Bee Tree Mine – have been blasting air horns mounted just below the sitters’ platforms.  At night, the horns are accompanied by flood lights.

Contrary to Governor Manchin’s assertion in yesterday’s press conference that, “We will not in any way, shape or form in this state of West Virginia tolerate any violence against anyone on any side. If you’re going to have the dialogue, have respect for each other,” at least nine attempts to notify the state police by Blevins and other representatives of Climate Ground Zero have been met with silence.When the police arrived to arrest Smith, Blevins asked if they would help stop the noise. Massey security denied using horns; the police accepted this without further investigation and drove away with Smith. About ten minutes later, the air horns were turned back on. The police were shown the appropriate West Virginia legal statute, §61-3E-10,  acknowledged the felony endangerment, and declined to take any action.

“Massey’s abuse of the tree sitters fits with the disregard they have shown for human life through their neglect of EPA regulations and worker safety laws,” said support team member Josh Graupera. Massey Energy has over 4,500 recorded violations of the Clean Water Act and the permitted site on which the sitters have occupied trees is one of two located near to the Brushy Fork Impoundment. Blasting near the dam imperils its foundations, and a frontal breach would, by Massey’s own estimate, result in 988 deaths.

Massey has accused the sitters in a formal statement of endangering workers on this site. The horns are certainly louder than 90 decibels, the legal threshold for unacceptably damaging. The West Virginia Office of Miners’ Health, Safety and Training handbook says “Many miners are exposed to loud and sustained noise levels.  The Mine Safety and Health Administration (MSHA) has determined that approximately 13.4% of miners will suffer material hearing impairment during their working lifetime unless preventive measures are taken to reduce overexposures.”

The sitters’ resolve remains strong.  With Climate Ground Zero and Mountain Justice, they are taking action to prevent mountaintop removal and its negative effects on the communities and environments of Appalachia.  The sitters plan to remain in their trees for as long as possible, or until blasting is halted on the mountain. Coal River Mountain is one of the last intact mountaintops in the Coal River Watershed.

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Dragline: The CGZ Interview

Tuesday, January 26th, 2010
posted by antrim

PHOTOGRAPHING MOUNTAINTOP REMOVAL
By Mike Roselle

Photographer Antrim Caskey moved from Brooklyn, New York to the Rock Creek, WV in September 2008 to live and work in the field full-time. Over the past year she has documented the direct action campaign against mountaintop removal as the embedded photojournalist with Climate Ground Zero, which has taken her to new territory: the witness stand. On May 1, 2009, Caskey was held in contempt of court – along with four activists – in Raleigh County District Court for violating Massey Energy’s Temporary Restraining Order (TRO) by her continued reporting on the peaceful protests. Massey vs. Caskey is pending appeal. Caskey’s attorney Roger Forman promises to take the case to the highest court.

Caskey’s documentary photography has focused on community and social justice issues in such diverse locations as the streets of New York City, the war in Afghanistan, the new cities of India and the hollers of Appalachia. Caskey has published her work in newspapers like the New York Times, the Boston Globe and the Indian Express; as well as magazines like the Smithsonian, Orion and Le Point.

In December 2009, Caskey earned her Masters of Art in Photojournalism and Documentary Photography, with Distinction, from the London College of Communication, University of the Arts London. Caskey hopes to expand her journalism project to include the Rock Creek School of Photography, a burgeoning field school to advance and foster long form documentary photography, investigative journalism, and the printed page.

Dragline will be available by mail only. Please contact Climate Ground Zero directly. Dragline will not be released electronically.


On Jan 26th, today, you are releasing Dragline, your new photojournalistic exposé of mountaintop removal coal mining and the campaign to end it. Why Dragline, and why now?

Publishing Dragline is a concerted effort to expose the coal industry, an industry that does so much harm and yet is so poorly understood. That’s why I chose the photo of the sludge pond for the cover. Most people never see those, and yet if the dam holding back the toxic sludge breaks, it could affect them in a very dramatic way, because literally, billions of gallons of sludge would be heading down river towards some of the populated areas of the county. People should know this.

You have been covering the mountaintop removal story for almost five years. Can you tell us what brought you to the Coal River Valley ?

Maria Gunnoe showed up at my office at the New York Indypendent. She lives below one of these mountaintop removal strip-mines and has been fighting the coal companies for over a decade. She locked on to me, and kept explaining that if you haven’t seen mountaintop removal yourself, you’ll never believe how bad it really was. I went down three days later, and of course she was right. I have made at least twenty independent reporting trips to West Virginia since our first meeting, and a little over a year ago, I decided to move down here full time.

What sort of things have you been doing in West Virginia since you moved here and how does it differ from being a visiting reporter ?

Actually, as it turned out, I was not spending much time in Brooklyn any more, so I sublet my apartment and relocated here to save both time and money, but more importantly, by living here full time I was able to build closer relationships with the people and organizations I was covering. Trust is very important around here and I thought I had close enough relationships with the people on all sides of the issue to cover this story in a a more honest and personal way.

You have said that you became embedded with the resistance. Can you explain that?

I was embedded with US soldiers in Afghanistan who were training Afghan security forces. I had to live with the troops and move with the troops. We ate the same food. That’s what I’m doing here. As an embedded journalist in a conflict zone, it’s OK to pick sides. Photojournalists like Robert Capa were against Fascism. He supported the soldiers that he covered. In a sense, it’s not much different here. If I want to cover this campaign, I have to move with them, and it’s not a conflict for me that I support their goals of ending mountaintop removal.

You have been arrested three times covering this story. Can you tell us about that experience ?

One thing that happens to an embedded journalist is that not only do you share the food and living space of the people you are covering, you are also sharing the risks. So even though I was not a part of the protest, I knew I could be arrested. And while I was arrested three times, both the state police and the miners treated me as a reporter. They did not seize my cameras or film, and on the fourth protest that I covered, they did not even arrest me. I now have an appeal for the first arrests pending in West Virginia Supreme Court and we will see how that goes. However, other reporters have had their film and equipment destroyed by Massey Security, so it’s still very unpredictable.

What do you think Dragline will accomplish ?

Reporters usually cover issues. They rarely cover campaigns, unless of course they are electoral campaigns, because they think they will be accused of taking sides. But sometimes an issue is so compelling, the injustice so egregious, that even a journalist has to take a stand. Mountaintop removal coal mining is one of those issues. I think the campaign against mountaintop removal is the most compelling and successful campaigns on climate change in the U.S.. It’s a story that needed to be told.

What’s next after Dragline ?

Well, I have started the Rock Creek School of Photography, under the auspices of my new group, Appalachia Watch.  I have had my first photojournalism training already, as part of the Climate Ground Zero Winter Action Camp…It was a great experience and I actually have several applicants for photojournalism interns.  I think the photojournalism trainings have a lot of potential – right here in the heart of West Virginia and modern day coal mining. My students will be documenting the last days of coal and hopefully the restoration of Appalachia.


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Call Gov Manchin to Save the Mountains and Stop the Harassment of the Sitters

Tuesday, January 26th, 2010
posted by brast



Governor Joe Manchin III speaks to journalists after issuing statements, along with coalfield residents, regarding a non-violent approach to dialogue on mountaintop removal coal mining. Photo by Cheshire/Climate Ground Zero



Together we made hundreds of phone calls yesterday to Massey Coal, flooding their phone lines asking them to stop abusing the tree sitters and stop blasting Coal River Mountain.  We did a great job, but it wasn’t enough and we need to take the next step and get WV Governor Joe Manchin to make them stop.

Call Governor Manchin’s office and ask him to intervene in the violence against the sitters and support the end to mountaintop removal.

Governor’s office: 1-888-438-2731

Below are the details of what’s going on, we’re not providing a call script because it will have a much larger impact if people put their own thoughts into their call.

Please call – Governor’s office: 1-888-438-2731


Massey Coal continues to break the law, harassing the two remaining tree sitters with horns at dangerous decibel levels, likely to cause permanent ear damage. This act is violent and can be classified under West Virginia State Code as felony endangerment.

West Virginia state police have acknowledged the illegal nature of this act, but have done nothing in response to repeated pleas to state emergency numbers, state and federal Mine Safety and Health Administration, and other legal resources.

Yesterday, Governor Manchin said "We will not in any way, shape or form in this state of West Virginia tolerate any violence against anyone on any side." Massey air horns haven't stopped. In addition, the sitters overheard the guards talking on the radio about using fire-hoses as an abuse tactic. Getting sprayed with water in sub-freezing temperatures while 60 feet up in the tree would be outright deadly and would prevent them from being able to even safely descend.

This abuse must stop. Massey has proven itself to be a criminal corporation, both in it's policies towards the sitters and the people of the mountains. We need Governor Manchin to protect clean drinking water in West Virginia and nationwide. An end to mountaintop mining will protect the quality of life for Appalachian coalfield residents who face frequent and catastrophic flooding, heavy metals pollution and loss of freshwater streams as a result of mountaintop removal coal mining.

Read about Governor Manchin's statement yesterday on escalating violence in the coal fields on Coal Tattoo.

Read the day 5 update on Climate Ground Zero's website.

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Recent petition signatures:

Susan Reilly

Debi Mellott
I have called . . . and called . . . and called again; as well as sent emails to Manchin as well as others . . . 'the squeaky wheel gets the most attention' . . . let's hope that old saying holds true now. Keep squeaking folks! ! !

xxxxxxxx

Jim Steitz
Called today, told the staffer that the situation is getting dangerous and we need a time-out on MTR.

cheryl

Carrie Grubb

xxxxxxxx
Called today, hope you guys stop these criminals

Attila
Called on Wednesday. They said the police were out there, but I'm sure that's crap! Thank you folks, you are an inspiration! Defend the wild!

Karen Orchard

Gretchen Primack
The woman I spoke with was also pleasant and professional and appeared to be taking notes. I was pleasant and professional, too--lots of work with the animal rights and human rights movements have told me that it's a much more effective way to get through to folks! Thanks so much for doing what you do.




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Coal River Tree Sit Day 5: Inside the Action

Monday, January 25th, 2010
posted by atkelsey

Give Massey a call and ask them to STOP blasting on Coal River Mountain and to STOP harassing the tree sitters!

Call and ask for Baxter Phillips, Massey President

1-804-788-1807

It’s been five days since authorities escorted Josh Graupera and Isabelle Rozendaal away from the Bee Tree site on Coal River Mountain where the two were supporting the ongoing tree sit against mountaintop removal. Since their arrest and incarceration for trespass and conspiracy, the two have been released from jail at a bail of $1,500 each, and not without special thanks to those who contributed donations at http://www.climategroundzero.org!

Climate Ground Zero activists and others are initiating a call-in to Massey Energy headquarters in Richmond today regarding the safety of the tree sitters and the overall dangers of MTR. More information is available at the end of this post.

Josh Graupera is a 19-year-old resident of Lancaster, PA, and has agreed to share some of his experiences about the action and his arrest. Josh explained the role he and Isabelle shared in the action was to “ensure the safety of the sitters, and communicate with first-responding security and police, making sure confrontations don’t escalate out of hand.”

(more…)

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Coal River Tree Sit Day 4: Still going strong

Sunday, January 24th, 2010
posted by brast


After four days 60 ft up in the air the treesitters, David Aaron Smith, 23, Amber Nitchman, 19 and Eric Blevins, 28 are still going strong.   The sleet, fog, mist, and rain are not making things easy – but every time that people have talked to them they sound chipper and steadfast.  The sitters plan to endure the discomforts created by Massey security and the weather and hold out for as long as possible to defend Coal River Mountain.  This mountain has been a rallying point for clean energy all over the state because of its potential for wind energy.

Since their first night in the trees Massey has been harassing the sitters using sleep deprivation tactics; this is harming the hearing of both the security and the sitters.  Security personnel are perpetually shining bright lights and employing the noise-making machines.  A few hours ago Eric Blevins took action by calling the state police and reporting a noise violation.  Quite soon after he called the noise machines turned off but they have since been turned back on.  In a similar vein of harassment, Massey security has tied a rope to a smaller tree next to Amber’s platform. They are pulling and releasing the rope so that the sapling smacks the bottom of her platform, hoping that she will feel unsafe and come down.

Beyond the harassment of the sitters and the miners, Massey is still validating the destruction of the precious Appalachian mountains.  In their press release Massey stated, “Opponents of coal who claim Coal River Mountain is the last intact mountain are lying and deliberately spreading this information in a desperate attempt to stop coal miners from working.”  We know that this truly is one of the last intact mountaintops in the area. The following video outlines the reality of the situation on Coal River Mountain and the potential for renewable energy instead of coal:


Other information resources:

Our response to Massey’s Press Release:
http://climategroundzero.net/2010/01/response-to-massey-energys-statement-about-tree-sit/

Marfork Coal Company in Violation of Office of Miners’ Health Safety & Training Noise Protocol:
http://climategroundzero.net/2010/01/Marfork-Violation

Clip of Amber’s Voice from the Tree:
http://www.youtube.com/watch?v=aLA_fPvzx6k

Call Massey and Demand a Stop to Their Illegal Abuses:
http://climategroundzero.net/2010/01/callmasseyonjan25/?

Update on Arrested United Mountain Defense Volunteers in Tennessee:
http://climategroundzero.net/2010/01/umd/


 

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Response to Massey Energy’s Statement About Tree Sit

Sunday, January 24th, 2010
posted by norag

Massey Energy released a statement yesterday in response to the ongoing tree sit on Coal River Mountain.  It’s partially posted here, but we’ve been unable to find the rest of it because it was not given directly to Climate Ground Zero.  This is Climate Ground Zero’s response:

Massey Energy, in their recent statement, makes a number of allegations against Climate Ground Zero and our ongoing tree sit on Coal River Mountain’s Bee Tree Mine Site.  We would like to address these allegations formally, in order to set the record straight and clarify some of Massey’s more misleading comments.

Massey has repeatedly and vociferously pointed out that certain individuals taking part in actions on Massey property are not from the state of West Virginia.   Though the sitters are not West Virginian, neither is Massey. Massey Energy is an out-of-state mining and landowning company – falling in tradition to the absentee landholders that have plagued West Virginia for centuries. Landholding companies own 90 percent of Coal River Mountain and out-of-state landholding companies own 60 percent.  In fact, out-of-state, usually absentee landholders like Rowland Landholding (Massey’s sometime landlord) hold the vast majority of southern West Virginia.

Coal River Mountain is by no means untouched; underground mining, contour mining and the huge toxic threat that is the Brushy Fork Impoundment have already disturbed it.  However, taking down Coal River Mountain’s mountaintop would still be extremely detrimental to the watershed, because it would remove a large chunk of the land that currently absorbs rainfall and sequesters carbon.  This would cause more flooding along the lines of what was seen along the Tug Fork last May, kill the Coal River with sediment and contribute to climate change.

According to the WV Office of Miners’ Health, Safety, and Training 2008 Annual Report and Directory of Mines, 25 % of the coal mined in West Virginia was mined by mountaintop removal, yet the industry routinely claims that only a tiny fraction of permits are “true mountaintop mining” permits. “For example, in the Mountaintop Mining Fact Book, the National Mining Association wrote “About 70 percent of U.S. coal production is mined using surface mining methods, including MTM.”  Massey claims surface mining as mountaintop removal when it suits them, and then reverts to a highly specific definition in order to attempt to discredit those who oppose MTM.

Massey’s planned 6,000 acre mine on Coal River Mountain would destroy the entire mountain and create 17 valley fills. It falls clearly into the EPA’s definition of mountaintop mining from its 2003 Environmental Impact Statement: “’Mountaintop mining’ refers to coal mining by surface methods (e.g., contour mining, area mining, and mountaintop removal mining) in the steep terrain of the central Appalachian coalfields.”  The tree sit is stopping a box cut, and whether it is on the top of the ridge, or just underneath, to claim that it is not a mountaintop removal operation is a deceptive splitting of hairs.

At the Twilight, Edwight and Kayford mine sites they destroyed multiple mountains, including Bailey Mountain, Cherry Pond Mountain and Kayford Mountain.  The more mountains that are leveled by the mining companies in this valley, the more the valley and the communities in it are made into a drainage ditch; if it continues this way, they will have to rename the Mountain State.

According to Massey’s “Monitoring and Emergency Warning Plan and Procedures for the Brushy Fork Impoundment,” the Brushy Fork Impoundment is permitted to hold up to 8.2 billion gallons of sludge. That in itself is dangerous. Massey’s own filings with the WVDEP state that the children in the Head Start facility in Pettus, W.Va., would have no time to get out before they are hit by a 72 ft wall of toxic coal sludge.  Five hours later, 25 miles away, the sludge will be 40 feet deep.

Massey accuses us of misrepresenting the volume of sludge in Brushy Fork, but their lower estimates on the volume of toxic sludge could be due to their recent drainage of the dam and the movement of the sludge to another location.  Moving the sludge does little to address the real dangers of the matter of toxic coal waste storage.

The Tennessee Valley Authority coal ash spill was just over one billion gallons. The resulting flood covered 300 acres and contaminated tributaries of the Tennessee River with toxic coal ash waste. The full extent of the disaster’s ecological and health impacts are still unknown more than a year later.  This is just one of many coal waste storage failures or spills in the past two decades. What’s more, despite their rejection of the figure, Massey offered no exact figure to counter 8.2 billion gallons because they’re just playing a semantics game.

As we have said before, when Massey leaves Coal River Mountain it will be so scarred and de-elevated that, in the end, the effects will be the same whether you checked the box on that permit or not.  It’s mountaintop removal.

Massey stated that MTM/VF sites will be useable for wind farms.  On the contrary, Gamesa, a major wind developer, said they won’t put a wind farm on Coal River Mountain after mining.  After a mountain is strip-mined, the ground is too unstable to support wind turbines without making their foundations many more feet deep, which is prohibitively expensive.

The sitters acknowledge they are putting themselves at risk and believe it’s worth that risk to stop the greater crime of strip mining.  The statement that the sitters are a threat to the safety of the miners and police is unsound.  The protestors seek to make this situation as safe as possible for all individuals, being careful to avoid dropping things from their platforms or engaging in any other unsafe behavior. Alternatively, Massey actively seeks to endanger the sitters through their wanton use of noisemakers and lights; depriving the sitters of sleep and creating a more dangerous situation. The more significant danger at hand is Massey’s gambling with the lives of over 1,000 people living on, around and downstream of Coal River Mountain and the Brushy Fork Impoundment as well as the safety of their own workers.

It’s high time Massey stopped shifting the focus away from their destructive behavior and time for them to take responsibility for the danger they are creating in these communities. If Massey were truly held to the law just like the rest of us, they would have been locked up long ago.

We take accuracy and facts very seriously and believe the truth is on our side.  It is never our intention to deceive anyone or to be untruthful.  It’s time the EPA stopped beating around the facts and ban strip mining for good.  No more SMCRA compromise, no more mountaintop removal.

Learn About Mountain Top Removal on Coal River Mountain

Take Massey’s advice and look at Google Earth.  You’ll see strip mines all around Coal River Mountain.  However, since Massey has been so quick and efficient at destroying mountains, Google Earth has not been able to keep up and doesn’t show all the destruction.  First, turn on the mountaintop removal layer under “Global Awareness.”  Second, download additional layers of mining permit boundaries here. Just take a spin around and see the reality of this horrible mining practice.

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