Jan. 26, 2010
Contact: Climate Ground Zero, 304-854-7372 or news@climategroundzero.org
Note: For more info, see www.mountainjustice.org, www.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.
The horns are used to letting people on the site know that they are about to blast or doing some other form of work, if you can’t hand the horns going off then get out of the trees. STOP acting like the victim here, when you guys were the ones that climbed up on the dragline and jerk a worker off of that endangering his life. The police have to take what is being told of them, and has to do what they are ask to do, if you are tresspassing then deal with it, you do the crime you pay the the time.
It is interesting that all of the people who HAVE been arrested in this incident so far have not, to my knowledge, been PROVEN to be trespassing. On Thursday, Climate Ground Zero said that they had asked DEP to survey the permit boundaries for the Brushy Fork Impoundment (#O301095) and the Bee Tree Mine (#P306208), to find out for sure if the protestors even ARE on Massey property. I have called WVDEP repeatedly to find out if this has happened–no response. As far as I know, it has not. So then, how can they be duly charged with trespassing?
On the contrary, the Marfork employees’ crime is obvious and well documented. I personally have audio recordings of the 90+ decibel air horns from this morning, taken while I spoke to tree sitter Eric Blevins.
Further, CGZ posted yesterday that the sitters overheard security guards talking about using high pressured water hoses to coerce them. We should all hope that the guards are NOT considering this, because even momentary immersion in freezing temperatures can send a person into anaphylactic shock and kill them. And murder is a pretty difficult crime to shake, even for coal companies.
i agree with him they need to come down its stupid.
I’m afraid that Massey and it’s miners will soon get their due. Let’s just say the powers that be are getting pretty tired of their Earth being ripped apart.
Firstly, the responsibility of the police is to uphold the law and try to ensure the safety of every party involved. In the case of the sitters, this (should) include requiring that Massey workers not compromise the safety of said sitters. Frankly, I doubt anybody is surprised by the lack of response by law enforcement regarding harassment of the sitters; WV is still run by Good ‘ol Boys if you know what I mean.
Secondly, I think you will find that the sitters will fully accept the legal consequences of their actions. Engaging in Non-violent Civil Disobedience is something that predates EVERYBODY reading these comments, and is one of the most powerful forms of free speech that exists.
Stay strong.
Solidarity with the tree sitters.
Martin Luther King would be proud.
Nothing else has stopped Massey from poisoning people and destroying Coal River Mountain.
I still just wish they would fall out! They aren’t stopping the blasting, and THEY are trespassing. If they aren’t trespassing, then why do you claim that you stopped road building down to the impoundment?
“even momentary immersion in freezing temperatures can send a person into anaphylactic shock and kill them.”
Ahhh. The intelligence of these people never seem to surprise me.
No , anonymous the “first” responsibility of the police would be to physically remove the protesters from the trees. Their (tree sitters) presence presents a danger to the miners. Massey is just applying a powerful form of free speech.
I’m so thankful for these brave people who have the courage to take on the mountaintop removal companies and their minions. In the course of history, their names will be upheld as heroes in the cause for justice, while those who attack their neighbors and homeland with explosives and draglines, poisoning the most precious natural resource we have – water – will be cursed.
I say we just chop the trees down. What a bunch of dumbasses. Its not your land, its private property. The coal company can do what ever they want!
Stay strong and keep up the good work. The earth is the Lord’s; no property law can justify the oppression of the poor or the destruction of creation. Those who steal, kill and destroy reveal whose children they are. And those who risk their lives in sacrificial love show whose children they are.
Great work guys, thanks for taking the time to be active,intelligent human beings. You are inspiring.
As for the folks here who hope you fall our of the tree, claim you deserve the horns, and think that the coal company should be able to “do whatever they want” on private property… please read some (and take the authority dick out of your mouth) and see the reality we live in, and the consequence of this reality beyond your own perceptive and understanding. Things you do on private property have affects on communal property….air, earth, ecosystems, health, water, economy….a failure to realize this simple consequence, not to mention the power imbalance that exists within it that threatens democracy (individual sovereignty), is potentially fatal at worst, and completely counter productive at best. Please read, then think, then read and then talk to some one else.
Air horns rule but what they (the tree people) are doing is pretty cool too.
So I support the treepeople and I also support air horns, but maybe not air horns being used in this way.
What company do these people work for? I need a liberal vacation policy that allows me to take a week off and go hang out in a tree.
Since private property means so much to these people, could someone publish the tree sitters addresses so that I can go hang out in their house while they aren’t using it.
Spread some sardines and honey around those trees. Let’s see if they can out climb a bear.
WV-61-3E-10 refers to endangerment with explosives and has nothing to do with noise. Why would they refer to this code at the bottom of a paragraph about the noise from horns? Probably as wrong about their facts here as they are about their facts regarding personal property and Mountain Top Removal’s effects on the environment. Can’t you people get anything right?
One of the “resuppliers” got charged with having a concealed weapon… Kinda makes me wonder what these fuckers will do next… LOL… I know if I was an “out-of-stater” I would engage in an arms race with anyone from WV!
^^^^^^^^^^^ SARCASM!!!
Don’t you people remember what happened the last time people messed with WV coal miners???
Less than a month to go….bye 8050. Don’t think they will need the repel anymore.
Thank you tree sitters for doing what most are too busy to do. There are many of us behind you and I will continue to donate to your legal fund as much as I can. To me you are heroes and the people that are participating in the raping of our mountains will suffer dire consequences in the end. Karma can be a bitch sometimes.
em:
God put coal here for us to use, just as he put natural gas, wood, and everything else! Remember, IN THE END THE VALLEYS WILL BE FILLED! If you don’t believe me, look in your bible!;)
Red Alert in Appalachia!……Send Lawyers, Guns and Money….by Mike Roselle…counterpunch.org……Sounds like someone is taking Mike’s advice seriously.
You’ll never leave brushy alive:
I’m not sure what you mean with your handle, but I find it sadistically reminiscent of Buffalo Creek. However, I think your reference to people messing with WV coal miners is spot on…even though I think you’ve got your sights on the wrong target.
The operators have ALWAYS been the greatest threat to good working people like yourself. Those “out-of-staters” wield the greatest weapon of all–monied influence. How much land in WV is still owned by everyday folks who live there? And if the companies care about miners’ jobs, then why did WV mining jobs drop from about 130,000 in 1940 to 22,034 in 2008? (WVOMHST, EIA, NMA)
Coal miners won’t be pushed around. They never did tolerate abuse, not since John B. Rae and Mother Jones and well before them. But it seems that miners have forgotten how to check the corporate powers that sign their paychecks. They certainly knew how to deal with the powers that be’d back in 1921, in the Battle of Blair Mountain, and in 1989 with the Pittston strike.
And how do we honor those fine miners? By revoking Blair’s listing on the register of Historic Places, so that it may one day be stripped and forgotten, like every other bit of true miner’s culture, stripped and forgotten.
Coal companies like Massey are abusing . You might not agree with the tree sitters but think about it this way: If your neighbor wanted to blow up his house (on private property) wouldn’t fear for your family and properties safety? What if that dust and debris hurt your family and YOU had to pay the medical costs. Wouldn’t you try to fight it? Wouldn’t you try to do the right thing and stop your neighbor who has obvious disregard for everyone around him?
At what cost will it take for people to finally wake up and see that ruthless and reckless industries should be condemned? I think everyone that rejects these treesitters should move their homes and families to coal country then decide how they feel about it. If they want to make this bed then they should lie in it.
130,000 in 1940 to 22,034 in 2008 ? I think you will find mechanization had a lot to do with those numbers. Do you honestly think the auto,steel,mining etc. should go back to the 40s way of buisness? As for miners not being pushed around,you left out John L, oh that’s right he was a Republican.
Well I believe mechanization has to do with about 30%. The other 70% has to do with the average man and woman being to lazy to get a job. I mean this in general and is not directed to any (enviro), if slight is taken then it is your conscience.
Dear “you’ll never leave brusy alive”……you don’t even know what “MY BIBLE” is. In fact my Bible says we are to “Harm None” that includes trees, animals, fish, people, etc. But if you are referring to the Christian Bible then don’t get me started because I can guarantee you that I can pull more quotes from it to support that what is being done to the mountains is against “God’s” will than you can to support that it’s not. Why can’t you see that the even the miners are being used. And in response to you saying, “out of staters” all people live on this Earth. It belongs to everyone. I happen to know many, many people in the Whitesville, Clear Fork area that are so against the mountains being torn apart but are too fearful to speak up because they have to live there and their families have to live there. So KUDOS to the people that are willing to come from “out of state” to help with this cause.
Name the people from Whitesville, Clear Fork, or Marsh Fork… I gaurantee that 99% of them DO NOT WORK!!! And the only reason your getting these college kids to come in and help is that they are getting grants for protesting, etc. Most people around here are PRO COAL like most West Virginians. People like Mr. Roselle come from California, Florida, etc. that have this thing against MTR and coal and they have no clue what is going on. Are you against MTR or against coal in general? Are you against slurry ponds??? How much direct ship coal is produced annually from an underground mine??? What is the continuous miner used for on the surface??? How far apart do the roof bolts have to be under WV law when the highwall miner starts digging?
Luke 3:1,5,6 from the Good News Bible for modern man….. This should be simple enough for you to understand!
As the Prophet Isaiah had written in his book: Someone is shouting in the desert: Get the Lord’s road ready for him, Make a straight path for him to travel! All lows places must be filled up (VALLEYS), All hills and mountains leveled off (MOUNTAINS); The winding roads must be made straight, The rough paths made smooth; And all mankind will see God’s salvation!
So now I ask you, WHO is commiting the crime here? Wonder why it was warm before these folks went up the trees, but it has cooled back off since they went up? Maybe that’s a sign??? Then again maybe not, I’m not to say. Think about it, Everyone seems to think the end of the world is coming in 2012, I guess we better get to blasting to get the Lord’s road ready???
Isaiah 55:12-13. The mountains and hills will burst into song before you, and all the trees of the field will clap their hands. All this will be a memorial for the Lord, a sign that for all time will not be cut off.
Isaiah 11:9. They will neither harm nor destroy on all my holy mountain, for the earth will be full of the knowledge of the Lord as the waters cover the sea.
Lev. 25:23-24. The land is mine and you are but aliens and my tenants. Throughout the country that you hold as a possession, you must provide for the redemption of the land.
Dear, “you’ll never leave brusy alive”…..those are just but a few. Do you want more? I think you confuse the words “law” and “justice”. Most people use the two words synonymously (together) but there is a danger in equating the tool of law exactly with the higher ethical value of justice. Ethical behavior almost always exceeds the lower level of lawful behavior.
(cont.) and merely lawful behavior does not always rise to the higher standard of being just. That is, to treat law and justice as meaning the same thing, may lead to an error in thinking: Just because a society has laws, therefore those laws are just.
Just because Massey owns the mountain legally does not justify the destruction that is taking place. And although the “sitters” are “trespassing” does not mean their actions are not just when it is the “right” thing to do for us all.
Isaiah 24:4-6. The earth dries up and withers, the world languished and withers, the exalted of the earth languish. The earth lies under its inhabitants; for they have transgressed the laws, violated the statutes, and broken the everlasting covenant. Therefore a curse consumes the earth; its people must bear their guilt.
If something were to happen to these tree sitters, would Climate Ground Zero do the “just” or “right” thing and accept responsibility?
Dear Watcher…..if they don’t I will.
Em, do I take it you are a member of CGZ? If so I commend you, If not I still commend you for taking responsibility for those who choose not to.
Nope Watcher I am not a “member”. I will support them in any way I can though.
Watcher, I am a member of Climate Ground Zero. And we will take responsibility for our people. As a matter of fact, we always have. But if something were to happen to our people due to disregard of their safety by Massey or it’s employees, that would nor be for us to take responsibility. That would be on Masesey. Don Blankenship admitted in his debate il Bobby Kennedy that he cannot extract coal legally undedr EPA rules and regulations. So who is committing crimes here?
Em, we truly appreciate your support. Thank you so much.
You’ll never leave brushy alive I have left a few times, and as far as I can tell, I am still alive. Empty threats won’t deter me. And hoping our people will fall won’t work. They are too well trained, too determined and too well schooled in non violent civel disobedience to worry about such ludicrous comments. We are committed to saving the mountains and doing so nonviolently.
Way to go Climate Ground Zero! Keep up the good work. We’re watching from Pennsylvania.
Guin, are you prepared to take financial responsibility if one of these young people’s parents choose to sue if something were to happen to their children? I am sure Massey has the liability well covered. How bout C G Z ?
The snow is coming this week end let the bastards freeze in the dark…or rather the light