Left, Joe Hamsher and Mike Roselle approach the Marfork Coal office with a banner reading "CLOSED: Stop the Blasting!" early this morning as Tom Smyth records on-site media. Right, the office employee who greets the peaceful protestors angrily rips the banner down from the door. Photo by Cheshire/Climate Ground Zero
Citizen’s Arrest Warrant
Defendant: Christopher L. Blanchard, President of Marfork Coal Company
Complaint: Since 1994, the Marfork Coal Company has committed over 100 documented permit violations. Violations include (but are not limited to) multiple counts of improper blasting procedure (e.g. failure to notify residents of right to request pre-blast survey, failure to properly monitor blasts, etc.), failure to control air pollution, failure to install and/or maintain drainage control systems, and conducting surface mining operations beyond permit limits. Marfork’s continued operations in such close proximity to both Marsh Fork Elementary and the Pettus Head Start Program are not only endangering, but also assaulting the children at these locations with coal dust and other particulates floating off of the mine sites owned by Marfork Coal.
Moreover, on February 5, the West Virginia Department of Environmental Protection issued a notice of violation to Marfork for failure of an upstream expansion of its Brushy Fork Impoundment to meet the engineering factor of safety of 1.5 required for coal dams. The Brushy Fork Impoundment contains 8.2 billion gallons of toxic coal waste; if it fails, Marfork estimates that 998 people will be killed. In spite of this violation and massive level of risk to human life, Marfork is continuing its operations on the Bee Tree Strip Mine, placing nearby communities in imminent danger.
As President of the Marfork Coal Company, you are responsible for the illegal practices of Marfork. Given the absence of any intervention from West Virginia or federal law enforcement, a citizen’s warrant has been issued for your, Christopher L. Blanchard’s, arrest. Citizens of West Virginia have found probable cause that you are in violation of the following sections of the West Virginia State Code:
§61-3E-10. Wanton endangerment involving destructive devices, explosive materials or incendiary devices; penalty: “Any person who wantonly performs any act with a destructive device, explosive material or incendiary device which creates substantial risk of death or serious bodily injury to another shall be guilty of a felony and, upon conviction thereof, shall be committed to the custody of the division of corrections for not less than two years nor more than ten years or fined not more than ten thousand dollars, or both.”
§61-2-7. Attempt to kill or injure by poison; penalty: “If any person administer, or attempt to administer, any poison or other destructive thing in food, drink, medicine or otherwise, or poison any spring, well, reservoir, conduit or pipe of water, with intent to kill or injure another person, he shall be guilty of a felony, and upon conviction, shall be confined in the penitentiary not less than three nor more than eighteen years.”
§61-2-9b. Penalties for malicious or unlawful assault or assault of a child near a school: “Any person who, under the provisions of section nine of this article, maliciously assaults a child sixteen years of age or under within one thousand feet of a school is guilty of a felony, and, upon conviction, shall be punished by confinement in the penitentiary not less than five nor more than fifteen years.”
Bless your hearts! Keep at’em. You are our heros.
They arrested the wrong people!
They got exactly what they deserved!
It’s a curious world we live in – where those who put an entire community at risk are given fat paychecks and those who dare to act against them are given absurdly high bails. At least there are enough people waking up to the dangers of strip mining that sooner or later, not all the jails in West Virginia will be able to hold us.
These so call activist are terrorists. Those three put my niece in the hospital by the so call “citizen arrest”. I hope they rot in jail. Do people really know what you are doing! Harming innocent people by domestic terrorists acts! My niece is a very kind, gentle and loving person. I hope you rot in jail!!
Andrew, do you enjoy Summersville lake, Plum Orchard, Stephens Lake? Same scenario. There are many more I can mention. Man made lakes with man made dams. I see none of you worrying about those. So worried for the environment but have a high polluting Foreign Saab. Yeah that’s saving on emissions. I try not to get very negative, but when people like myself read, watch, and listen to the things accused by this site and others, I can’t help but want to point out the things I see as well. Hurts I know, but you wanted our attention, I think you have it.
If a dam is to be built, it needs to be built with the utmost safety, regardless of the use of the lake.
I do enjoy Summersville and Stephens lake, but have never been to Plum Orchard. There’s a key difference between those and slurry ponds – Stephens Lake and such places provide a space for families and friends to recreate in many wonderful ways – barbeques, boating, swimming. Brushy Fork, Shumate, and the region’s many other slurry lakes clearly do not provide that to the community. Also, toxic lakes taint the water systems around them – lakes like Lake Stephens change the flow of watersheds, but they don’t poison them. If you want to tow industry line and make the “coal provides for everyone” argument, fine, but there remains the fact that slurry and sludge is an unnecessary byproduct of the whole process. Out west they use dry processing – still a toxic byproduct, but it is much much easier to control and contain a solid than it is a liquid. Why don’t they do it here? Because it’s more expensive, and the coal industry is used to getting its way here – against enviros, communities, and labor. Not so for much longer.
I don’t know the mileage on the Saab – but you’ve got to give us credit to have that vehicle still running! It’s going on 30!
Kathy – that’s really unfortunate about your niece. These folks really are committed to non-violence, but it seems there was some sort of misunderstanding that led to your niece being quite frightened. Mike, Joe and Tom are all have a weathered-look, so maybe that’s it!
Climate Ground Zero holds non-violence trainings for everyone who does an action. Perhaps in the future Climate Ground Zero should offer a non-violence training for Massey employees too so that they are all on the same page and don’t go into shock when peaceful protesters show up. Maybe it’s a little bit of an off the wall idea, but could be good for all parties.
Andrew, in fact there is a ratio of hard material to liquid that must be kept in slurry ponds, although I must admit I am not to keen on the proper information, but have had small talk conversations about it. You are correct the parks and lakes I mention are recreational uses. There are many uses that MTR sites after reclamation have provided for our state. So many many wonderful uses. I must request that you do this come summer. At Orgas, travel the White Oak Road (dirt road) in front of the church. Go to the top of the mountain and see the many; sometimes hundreds of ATV and hunting enthusiasts enjoying the land from a MTR site. Yes it somewhat bare, but it’s because it is being used by the activities. Travel to southern WV and take in a game of golf at Twistet Gun. Travel to MT. View high school, take a gander from the welcome center at the New River Gorge Bridge, take a drive up Cannelton Hollow and and see where Mt. Olive correctional institute is located. Travel to Mine Road south of Logan and see the industrial park. There are many more. Although you concentrated on the answer of recreational uses, you dodged the “scenario” and my point that it is all man made. Are you suggesting that since these lakes have nothing to do with coal, they are above the possibility of failing? Addressing Kathy, I must make this proclamation. If it were to be that; and I’m am not suggesting it at all:; a few miners were to come and chain theirselves to the furniture of the “bunk” houses or the bus, you would have a normal and calm reaction? Myself and others would ultimately agree that it would not be normal. To say that we should be on the same page is at best an “okay” theory. I am sure that the students at Columbine, Paducah, and VA Tech as well as many postal employees, thought the ones they come to know Or the strangers were on the same page at the start of their days as these horrible acts unfolded. You or I in no way, in the world we live in can say and have a 100% calm reaction to what happened at that office the other day. If so, Disney Pixar needs to cartoon about CGZ. This woman is her own person, you or I have no right to say how she should have responded or acted.
Misunderstanding ? Three fatigue wearing, chain carrying, large men invade an office building and the receptionist is scared out of her wits and has to be hospitalized, and you call it a misunderstanding ? The mental anguish alone should be worth at least $ 100,000.00.
Oh for goodness sake….maybe the niece needs to grow a pair and grow up. If she had any sense when she saw the banner she would know what was going on. Deduction my dear, deduction. Don’t mean to sound cold hearted but saying it like it is. Maybe she’s the same person that feigns a neck injury when someone rear ends her going 5mph.??? A chance to get some money for nothing.
Even the superintendent of Bluestone Dam said a few months ago, “Any man made structure can have flaws and fail”….I would think this would apply to a big sludge pond with dirt walls holding back billions of gallons.
eM. God forbid, anyone came and burglarized your innocent mother. Better yet, I hope and pray that this woman did not come under your care. I mean you are the one that says your here to help others in the job you do professionally, well or the lack of. If you want to go there about money for nothing, here is a scenario that people would be in a whirlwind over. NO MASSEY=NO Frivelous lawsuits. What company would they target then? You sound like you are so unappreciative of your upbringing, and to intensify your belief in civil disobedience is harmless by denouncing this womans well being that day. Slaps all the careworkers in the face if you ask me by that comment. You tell me anywhere in the video that those 3 men had the banner displayed before coming(barging) in that office. Better yet play it.
Oh whatever. Sounds to me like she might have the intelligence of a box of hair. YOu can’t tell me she was not aware working where she did that there might protestors. Does she live in a cave? Please don’t insult my intelligence. If the company didn’t prepare it’s employees for that possibility then that is their fault.
eM,
once again I have run into a crazy statment made by you. I guess you think penciles mis-spell words also. Protesting and tresspassing are not the same. Those folks enerted the property with the intent of breaking the law. As I will continue to say…this is no longer a peaceful protest. 100+ arrest is not peaceful. Tresspassing is not peaceful. You can’t hide behind the word “peaceful” any more. There is nothing “peaceful” about it. This was a planned event and carried out weather any one was hurt or not. What is peaceful about that? Nothing. NOTHING. It’s the companies fault that this women wasn’t trained, bull. Its your fault for scaring this women. As much as you would like to twist the truth, even you can’t twist that hard. This women would have suffered nothing had you folks not committed your crime. Blame the company, put the blame where it belongs. You… and your group injuried this women.
I didn’t try to insult your intelligence, that just you conscience trying to defend your actions. Or lack of. eM, seriously you can’t or do you just not know how to place yourself in a situation. The hiker out west that is missing I am sure she shouldn’t have been startled when someone just showed up out of no where, now she is missing. Would you say that she should have been taking training just to go out for a jog? Please. oh whatever. That’s a childish way of looking at things.
So what was it exactly that scared the poor, defenseless woman so bad that she had a panic attack? The fact the some men in camouflage jackets walked into her place of business? What was it? Because when I drive around Boone County almost every man I see has some type of camouflage article of clothing on and most look unkept and dirty. So what the hell? Did they threaten her is some way? Good lord, if it was just their looks then every bank teller, store clerk, office person must be on Xanax to just be able to go to work. What a crock of shit. Wait let me call a “whambulance” poor little woman was scared. If she is so fragile then perhaps she can get a mental disability and won’t have to work.
Yeah I know many of those on checks around Seng Creek. They you go stereotyping, probably helping the case against those your promoting as well. Good Job! I tell you what eM, put yourself out there like those 3 men. Let’s see how brave you are. At least they are willing to act instead of type words. The next time a child in Iraq or Afghanistan heres a blast, then in now way should they be frightened huh? A crock is that you even should be in the field of care. Keep trying to convince yourself, hypnotize yourself while you are it, you may come up with something respectful to say sometime. Otherwise, visit the physche ward and imagine how it would be if that was you. Like I said God forbid.
Progress Miner I will you one thing, you are right about me putting myself out there. I need to do that. So far I’ve helped by writing letters, donating money and now I am headed to Washington but inside I still feel I need to do more and I will.
OH and just because I’m in healthcare doesn’t mean that I have to put up with those that are full of shit. I even tell my own children when they are whining about something trivial….”deal with it, pull yourself up by the bootstraps and carry on”. There are too many weak ass people in this world. Too many people that don’t want to eat right or exercise but want the doctors and nurses to fix them with that all mighty magical pill. Too many people that don’t want to deal with life by gorking themselves out on pills. I do care about people even those that I think could do better on their own but I’m not going to feed into their “game”…I help by telling them what they don’t want to hear. Push yourself away from the table, get up and move and take some responsibility for your own well being. It drives me insane sometimes. You tell a person that weighs 300lbs, “if you would just cut out the 2 liters of soda pop your drinking a day you could lose some weight”…..their response…in their whiny little voice…”I don’t like water”….okay, then drink your 2 liters but when your blood sugar is 400, and all your coronary arteries are clogged don’t expect the medical professionals to able to “fix” you. That was my point with the lady. If you know you’re working for Massey or any coal company participating in MTR you have to know that protestors may show up. YOu also have to know that they have been peaceful protests. This lady had to “know” that so for her to “freak” out to the point an ambulance had to be called…..I question the legitimacy of that. Either that or she is a very weak person.
Then deal with it that CGZ are doing wrong and getting in trouble for it. Tell them to lace their bootstraps up and suck it up that they are going to have to pay the fines for tresspassing on private property, chaining themselves to private machinery and it’s time these “little” boys learn a lesson about you can’t just walk on private property and expect not to get in trouble for it, hince that is why we put “private property signs” up, there is a reason behind that!
Usually Raychel, they tear those signs down, take a black permanent marker and right their own phrases on them. Just something trivial here, tax payers own a percentage of GM, thanks to the government. Cars are made with steel, made from met coal. See, just another example how everyone is part of the industry and A Friend Of Coal. Thanks again!
I have stakes in “FRIENDS OF COAL” as I have a family member working for them and I am going to do all I can to help support them.
These peopel amaze me that they think they can go on people’s property and just sit up shop and expect to get in trouble for it. That is why I stated when their are tresspassing signs up, I obey them and stay put, but no CGZ they think these signs doesn’t apply to them so they just march onto the sites and do whatever they want. I firmly believe if I would have been Steve Walker those “kids” would have gotten alot more done to them than what they got for going onto my place and doing what they did.
Did these “kids” ever think that maybe Walker Machinery or Massey was looking out for their safety? I mean come on, deal with your punishment and accept that you can’t do wrong and get by, that’s what my dad has always taught me.
To those of you that “trust” that Massey Coal or any other company for that matter has your best interest at heart because they say so…..
Do not believe in anything simply because you have heard it. Do not believe in anything simply because it is spoken and rumored by many. Do not believe in anything simply because it is found written in your religious books. Do not believe in anything merely on the authority of your teachers and elders. Do not believe in traditions because they have been handed down for many generations. But after observation and analysis, when you find that anything agrees with reason and is conducive to the good and benefit of one and all, then accept it and live up to it. ~Buddha
You all know what is happening to our mountains is wrong. You have to know that. You know that the “handful of beans” that you get from it can’t compare to the overall destruction it is causing. I think these people that are willing to trespass and “break laws” and put themselves in danger to save our mountains shame you all and that is why you are so angry. You are ashamed that it is not you doing something to save them. YOu are ashamed that you have chosen to sell out and turn your heads so that you “don’t see”. I know that is how I felt until I made the decision that no matter how many friends I lost, no matter how mad I made my neighbors that I could not sleep at night if I didn’t take action to save this beautiful Earth that I live on. Maybe you need to do some serious self reflection and see if that might not be the case with you.
eM, self contradicting again? First you quote verses from the Bible now you say not to believe religious writings? Hmm. Anways it sucks I had a post I was trying to get and it deleted it. Anyways I’ll try to come close again. Traditions? You gotta be kidding? Not believing in a higher power is practiced. Tradition! Not believing what your teachers and elders tell you? That is exactly why this nation built on the foundation of Jehovah Gods’ purpose is going to Hell in a handbasket. Sold out? Nope but if it disheartens you then so be it, I am SOULED OUT! Observation and analysis? Ok here is one. Buddha, his bones are there, as well as Joseph Smith, David Koresh, etc. The King of Kings, Emmanuel, Messiah, Saviour, he is Risen. You prance around saying do not get off base with the purpose of what this site is here for. Now this is where I draw the line. You attack what I believe in or have something to say about it, and yes you may not be directing that last post to me, but I can’t help it this time. I don’t see anyone telling you what you believe is wrong. Even though I highly disagree about the misleading of those views I haven’t bombarded you about it. Self reflection, I look at myself and say yes, you are right, i SAY God, why do you bless me at all? I am just a mere piece of dust, I should be serving you. As we all should be. Handful of beans? Tell that to graduates of Mt. View high school, ot visitors to the New River Gorge Bridge, or to those incarcerated at Mt. Olive, and the golf fanatics at Twizted Gun. I quit..coffee @ 4:30 D&g’s I’ll buy. yeah that’s a.m.
WOW/ Progress Miner! You go son. God Bless You. I was waiting on someone to do that but just never wanted to waste my time trying to beat a dead horse. don’t worry son, your just doing what the BIBLE says to do and that’s take care of your family. If people doesn’t see that a man has to provide for his family be it whatever field then so be it. God Bless You SoN sometimes the truth does hurt……
WOW, Progress Miner. I was just waiting for someone to call her on her “self righteous” attitude.
You can only kick a dog around so many times before he bites back and it looks like Progress Miner did the biting back…
Laughing…….
Raychel thanks!! The original post was more structured and more aiming direct to certain posts previously read by myself. once I tried the captcha and it deleted it I was so upset I couldn’t get my thoughts together. Although, I disagree with eM, she has never (I would say) harmfully attacked me, but when you down the heritage of WV and throw religion(I assume Christianity) and terms harmful for what I believe in, that is where I draw the line. Especially after saying she can quote more verses from the Christian (Holy Bible) than most, then deny “religious” writings as informational much less as the infallible word of God(that means His word never changes) for those who are skeptical. I mean seriously, that hurts the cause in my opinion. On the other hand, (this is my favorite question to God) Who am I? Being from the same area that I am, I will honestly admit, in truth eM has my respect, just not my sense of understanding, be it my fault or not.
You know Progress Miner, I was nice to her even when she attacked me for working at the funeral home, I could have been a rude person back to her just as she was to me but I didn’t. I respect her too, thankful she served our country but I will not stand by and let someone tell me what I believe in is wrong. As I stated I began requesting prayer for you miners and your families and our Walker Machinery’s and so on and thus far the Lord has been good to all of us and still letting us have a job. So I know the God I serve is real!
I mentioned earlier in a post that I was up your way Saturday; Van@Fraizer Creek and Progress and there were men out fishing in the Creeks and all and I just wondered where people get their information that the water is black and nasty, I sure didn’t see it.
When you guys are ready for a Miner Rally, let me know and I will inform, Friends of Coal in CHarleston and anyone else I can…God Bless You and Thanks once again.
Yeah Frazier Creek, they probably don’t know that is not a Massey mine. Anyways I have lots of friends that work there. It would seem to be a long shot to gather Massey, ICG, Consol, Frazier(or Frasure), Patriot, Magnum, Black Beauty, and some others from throughout to join multi-state effort. While they are in D.C., the coal industry thanks them all for doing their part in the industry, eg. travel in cars, vans, buses, that coal served as a part of the production for. Staying in motels and such and using the power. You know I think I am starting to come around, these people really do look out for our best interests. Heading to Madison, for lunch, aka GATEWAY TO THE COALFIELDS.
You know I was up that way and saw two trains with at least thirty cars behind it full of coal, then while my husband called me from Frazier Creek today I could hear a train in the background heading out, so I know coal is going somewhere. I think when these greeiacs head to D.C. we should gather everyone together and head out there ourselves although the last time we went to D.C. we were given the boot so to speak.
The thing about the coal going somewhere is most likely to the Northeast U.S. or in the mid-south. The supply is for the demand Raychel. I say the next time we are booted out in D.C. we head on over a few blocks to the powerhouse that supplies the power to the White House and have our own protest. A protest showing what actually they use to generate the power. Now who gets the last laugh? I wonder if eM can tell me a little bit about Hiram and Solomon?
Well I have to say probably not or she might be studying up? Progress Miner, these coal cars are going somewhere I know that for certain, my husband said there were two that came down by the Walker Shop in Logan, and both were loaded down so it’s not going somewhere and just sitting there.
Wow she hasn’t called me ignorant or greenback blind or anything yet.
No Progress Miner she has her nose stuck so high up in the air that she probably is out bashing someone else giving you a rest! I have no respect for her at all now after what she posted in her post earlier, knowing it was pointed towards me. She claims she helps people and she served this country, but Benedict Arnold served too and look what he turned out to be so all I can do is pray for her and pray she gets her life in line before the Lord comes back and just burns this whole earth up and take ME HOME! PRIASE GOD! And yes I am mad so there is no need to offer apologies or try to cover herself once you run your mouth the way she did, sorry.
Yeah, I have yet to see her up at 3:30 and at work by 5 am. I still offer to buy her some coffee. The only thing is the Beaver area of Raleigh county are a few state parks with a few man made lakes and dams, I wonder how they will explain the flooding there? I’m sure it will be some cockamamie story!