Activists Amber Nitchman and Isabelle Rozendaal, center and right, with friend EmmaKate Martin, left, walk out of the United States District Court for the Southern District of West Virginia on Wednesday, February 24, followed by Samuel Brock and the Marfork Coal Company counsel. Judge Irene C. Berger ruled to grant Marfork Coal a preliminary injunction against David Smith, Amber Nitchman, and Eric Blevins, the three treesitters who stopped work on the Bee Tree Mine Site in January, as well as Isabelle Rozendaal and Josh Graupera, who supported the sitters. Photo by Cheshire/Climate Ground Zero
In a decision and order issued today, Federal Judge Irene Berger of the Southern District granted Marfork Coal Co. a preliminary injunction against David Smith, Eric Blevins, Amber Nitchman, Isabelle Rozendaal, and Josh Graupera barring them from further trespasses on Marfork property. An evidentiary hearing on the injunction was held Tuesday of this week at the Federal Courthouse in Beckeley, WV, but Judge Berger declined to issue a ruling at that time.
The form of the injunction is almost identical to the existing Raleigh County injunction. The injunction applies to the named defendants and those “acting in concert with them” and only bars them from trespass on Marfork property. Massey’s lawyers had sought a broader injunction that would have barred them from all mining properties in the Southern District of West Virginia and specifically named Climate Ground Zero and Mountain Justice.
You can read the opinion here.
According to the testimony of Marfork President Chris Blanchard, coal removal operations were halted in the area and equipment was idled for four days of the nine-day treesit leading Judge Berger to conclude, “Defendants efforts to thwart coal production were successful in this instance.” Congratulations again to the sitters and their supporters for standing up against Massey Energy. The defendants still face a federal civil suit for trespass, civil conspiracy, and tortious interference with business relationships and claims of over $100,000 in damages.
As Massey’s lawyers declare so loudly in their court filings, we will not be deterred. Thanks for your continued support.
You know I watched the news on Friday night and the news anchor made the statement that CGZ and MJW had nothing to do with the backlash that Massey and MarFork are getting this year or last year either and I find that hard to believe! Since I have been on this site that is all I see. I mean come on people at least say your behind something and don’t try to hide like your not and expect people to believe that you have nothing to do with what is going on with Massey and MarFork at least have some backbone about you.
I am not here to argue with anyone that gets us no where and I certainly wish both sides could come to an understanding about this whole matter. I believe if this doesn’t stop and soon, someone will lose their life just like the young man did in the Piston Strike Years ago and then what are we going to say and do then? We can’t point fingers because both parties is not without fault.
local, state and now federal folks involved because of anti-mining folks. Two members of the mining community sent to a hospital because of the actions of the anti-mining community. I think it is time all of us realize this is not “PEACEFUL” as declared by the treehuggers. It is time to call it what it is. The huggers are misleading again.
Massey’s new tactic is to fall down like those fainting goats every time they see a “protester” and scream violence for completely nonviolent activities. Careful, coal is goat, I might wear a t-shirt with a slogan to send you to the emergency room.
At least we’re not doing like the Massey folks and sucker-punching (Ruth Tucker guilty of hitting Judy Bonds) our opponents, or threatening peaceful picnickers (Adam Pauley guilty of verbal assault).
That Obama he knows how to pick them. Thank you Judge Berger.
Just something funny a friend of mine posted to my facebook this morning…
“You should know a SNOW JOB when you see it! If a new use for snow was discovered Massey Energy would:
1.Buy up all the snow rights in Appalachia for $.002 per ton * however it brings $12.00 per ton on the NYSE.
2.Convince all the residents this is fair market value.
3. Map out plans for extraction [never mind the tiny fact in order to market the snow it must be sprayed black with toxic camel dung]
4. Recruit a steady workforce from this area (no background check nor education requirements)… See More
5. Start a smear campaign to silence all”Snow-Huggers”
6. Use fear tactics to elect and appoint government representatives with “favorable” backgrounds.
7. Organize a group to foster the cause…
“FRIENDS OF SNOW”
http://nrswealth.com/index.php/2010/02/massey-coals-don-blankenship-shows-his-hand/
Read this if you dare…..I bet not one you pro massey people will even bother to watch it….an ABC news investigation into Massey and Don Blankenship…..he even attacks the camera man….for no reason..
eM
hahahahah more useless and incorrect information from the world of non-peaceful out-of-staters.
Wasn’t that from years ago Em?
Nice Photo !
eM, if I came on your property showing no media credentials and filming you, what would you do? I am sure you would invite me on in, huh?
You know what Progress Miner I probably would unless I knew I had something to hide or was doing something to be ashamed of. Otherwise, I would invite not only the camerman in but the reporter and offer them something to eat and drink. That is what we call hospitality.
If that was years ago Em, I don’t think he had anything to hide or to be ashamed of, I may be wrong but that was way before he started getting backlash from everyone including myself. I find him no different than Cecil Roberts who is over the union, he is just as dirty as Mr. Blankenship is. I just think that MJW and CGZ is trying to run him out of WV or do their best to do him in.
I have a question to anyone who can answer this. ANYONE! Why is the two (CGZ and MJW) always targeting Boone County Mines or Mr. Blankenship? Can someone answer me that?
It was two years ago for heaven’s sake. I’m just amazed that some of you think this man has any sense of decency about him. And Raychel if you truly believe he is “dirty” then why would you care if cgz, mjw or anyone for that matter targeted him? In fact if you truly feel he is “dirty” then why aren’t you fighting to be rid of him? Is it easier to just be complacent. Sometimes that is what I think. It would be easier to close my eyes and just pretend like none of this is happening but then when I lay down at night it doesn’t matter if my eyes are closed or not I know. My heart sees it and feels it and I can’t just let it be.
eM, so when is the invite? If I had polled each reader I would say the intelligence they have would say, “This is the response that eM would have given you.” It’s becoming to predictable. Here is something that could happen. Did you know someone could video your every move and it is legal? Your statement at most is blundering. You would be and so would I as Jim Carrey from that movie a few years ago. So where is decency now? You would have acted the same way. Now don’t lie to yourself. Mr. Blankenship hardly even was out of the vehicle, didn’t even have his coat on yet. Oh, and if you can’t stand the heat it’s about to get turned up, can you sleep at night still knowing the nurse at CAMC that was raped has yet to receive her due justice do to negligence of her employer? What about the nurses who were fired for not accepting seasonal flu shots? They were standing for what they believed in. So in my opinion you were for a dirty profession as well!
eM , your quite new to this struggle, but I’m quite the veteran having been there when Dal-Tex coal had to lay off 300+ miners,to being told by Mr Ward at the Gazette to find a new line of work, because ,”the jig is up”. I think that was 1998 or 99 and here we are still.
Yes, I believe I can Raychel. This will be lengthy. In my opinion this is why. The UNION has always pretty much decided the deomocratic vote in southern WV. A few elections ago Blankenship spent millions of dollars promoting different candidates most in part of the republican party. On the other hand he spent some of that money in attempts to discredit the current politicians at that time. I say he never succeeded, but many became fearful, namely the “career politicians.” I believe Massey is the major target although some small non-union mines have been also. This is not opinion but fact, when the activists came onto our site I personally asked 3 of them, “How come you never go to a Union MTR site?” One reply was there are no union MTR sites in WV. I said yes there is, one of the longest running surface jobs in WV is Union. So I say that to say this, being a Boone County native and a WV native(sorry if that offends anyone) I remember the statement Cecil Roberts made that he will try to attempt in phasing out surface jobs relating to the union. Now, I say I remember that comment and it’s not an exact quote. I was like 16 when hearing that, so you now how age goes. So the easy way to give you an answer is all in one word….POLITICS. Politics meaning who can get the most out of using others. I admit it happens to me, you and the rest of the working class. You see Rockefeller, well the name is enough, Byrd spoke out because he realizes with his age he has nothing to lose, Rahall he just follows the leader. Obama well it was just for a vote, and well the Union even endorsed him, (yeah i know). That probably explains why only 1 county voted for him in the whole state of 55 counties we consist of, that being well….Boone County. So now, with the coal miners seeking and most likely causing a great change in the next election in our state. They are scrambling to seek our support now, while having well like I said before, others being used to get the most for them, hence the groups only targeting Massey. So, I believe it comes from the political realm in WV, that wants to defeat MTR, while not disturbing the relationship with the Union, hence their annual support for the democratic party. CGZ and most of it’s members like to ask and paint the picture of Massey being a corporation robbing our people and taking their claim by using us. These people are robbing people to stake their claim. You see here in WV, the only way to change anything is not to do these acts, but to get out and vote. These high and mighty types will know you at election time, but they will seperate themselves from a person or group that continues to disobey the laws set before us. Raychel, I hope it helps, but unlike some others, I hope my opinion is just that, not a brainwashing tactic, wish I had more time. Last but not least, this is in no way an attack on a UMWA member or a person related to it. It’s just something that may be possible, hopefully it’s not. We miners need to stick together no matter which company we represent or are affiliated with, or we will all fall. I have family working for UMWA mines, now and in the past, underground for the most part, I work MTR and Massey was where I received a job. I am thankful for those who have or continue to work no matter who they are. Those are the people making it possible for us.
eM. hospitality? Yeah here is some. Try being around the Rock Creek area before Christmas and finding a 12 yr old boy trying to push his mother out of a ditch, while others passed by, I stopped to help, family in tow. Remind you this was 1 day after the snowfall that hit before Christmas. The woman stated that a couple neighbors went on by before you stopped. 2 other vehicles stopped and helped after I did, ask me your next post who they were and I will gladly tell you. Yeah your probably saying that has nothing to do with hospitality, well has to do with community care and involvement, and I didn’t see anyone of the (I am here because the community asked me to be here) members of Rock Creek helping.
Em, I could care less about the question I asked, I just wanted to know! GEEZZZZZZ. I just wanted to know why they can’t be honest and say yes we are behind it yes we are the ones targeting him! I mean for goodness sakes just say it and stop hinding behind one lie right after another.
My dad is wanting Mr. Blankenship ran out of here, but that is where he and I are different, yes I do think he is dirty and yes I should be fighting to , to get him out of here but this is the way I see it, he is giving our men and women a job, a way to support their families and themselves and I feel that the work is not in the best possible way but we all have to have jobs and a way to support our families so what do we do….Realize that coal is WV and it always will be. I do wish our men and women had something to fall back on if and when Don picks up and leaves, but there isn’t and windfarms just isn’t going to work around here not like coal mining is…..Progress Miner thanks for answering my question, thanks for helping just to answer a question!God Bless You Progress Miner
Raychel, your welcome! Careful with agreeing what they say, most often they do not accept that we agree with their feelings in the way business is run.
Why won’t alternative energy work in WV?
There are alt. energy projects being developed (and up and running) all over the US and the world. Why should WV and the Appalachian region be left out?
Alyce alternative energy will work in WV. I agree. Why do some of the people here want to be left in the dark ages. The time to start thinking about and obtaining more toilet paper is not when the last square is gone and you’re sitting there without any. the time to start obtaining more toilet paper is when you notice only three rolls left in stock. I don’t know about you but that is one of my fears…..to run out of TP. The time to start bringing alternative energy businesses into WV and planning is now before the coal runs out. We need to be the leaders not the followers. I think the miners (not the company owners) should form co-op’s now. Turn the tides on the coal companies. Get companies going that are eco friendly and run the big coal companies and people like Don Blankenship out of town. They could get investors I’m sure. People who are tired of outsiders destroying our state. Come on it sounds like a plan to me.
Show me the investors in the coal river mountain wind project? I’ve been asking this question for several years now and have yet to get an answer. Hey I have no problem with it.
From what I know, there is often a test project before investors come on board to fund a larger commercial project. My father in law is in alt energy and is doing a small scale alt energy project to demonstrate that that the technology and site work commercially — but its really just a test project to prove to future investors that funding a larger commercial project down the road makes sense. It won’t generate serious money until that point. I don’t know the inner workings of Coal River Wind, but they may be in similar situation? Some demo projects receive large federal grants for their development (University of Maine and collaborating partners recently received money to develop tidal power) but certainly not all. Others are up and running and providing power to customers (wind farms, small scale hydro). Interestingly enough, in the country that my father in law is doing his project, the large fossil fuel corp there (its not coal) is supporting the development of his project because it may be a technology/resource they are interested in pursuing in the future (also I am not talking about wind power here as the alt energy, but I am being vague because I don’t know that I can really talk details on the internet).
It often feels like things move a snails pace and is part of the huge challenge of alt energy (especially when fossil fuel energy corps wield so much political and psychological power) — but if there aren’t visionary people out there willing to do it, to work 80-90 hours a week on it and do the enormous amount of groundwork to establish such projects, then there is no chance for wider economic viability of this field. These projects should be supported in research and development so that deficiencies and challenges with them can be overcame (just as fossil energy technologies have evolved over the past 150 years) — otherwise they will
not HAVE an opportunity to be viable and generate employment, economic development, wiser uses of resources, etc. We’re shooting ourselves in the foot to poo-poo them before they become established (or, we can’t see the forest for the trees).
eM, now your understanding, that was pretty good.
There are many organizations to help people start businesses. I think the first step would be to form a group of interested people. It would not happen overnight. The best thing would be if the “tree-huggers” (that would include me) and the coal miners did this together. How amazing would it be for us to start a huge business the provided jobs for local people that we knew would last. An example could be bio-diesel. I mean my husband has been trying to find someone interested in helping him expand his bio-diesel making process for years. He makes it but right now only during summer months and in small batches.. 70 gallons at a time. He designed and built his own set up and a local business donates their used veggie oil so it’s not a lot but it could be. And our diesel truck runs better on that that waht you pay for at the station. We’re going to start installing solar on our farm this summer too. This is an arduous process because it’s so expensive but we feel well worth it in the end. I really, really think it would be amazing if we could come together and let the world know we want to be the leaders in clean, green energy. Just some thoughts. I’m sleepy and probably rambled without much meaning. Need more coffee.
eM, Don’t mean to poo poo on the bio-diesel idea, but you do know you must pay road use tax on every gallon produced if used for transportation on public highways. Been there done that.
We use it for farm use.
Where is your farm, Boone County?
no….not in boone …raleigh
Vernon, I remember witnessing the behavior you describe probably ten years ago by one of your very own at the University of Charleston Library. The “actvisit” had placed cardboard tombstones on the walkway blocking access to the building. Whe the lady coal supporter moved the tombstones out of her path , she was attacked and viciously kicked in the crotch . At the time I thought it odd that the “activists” screamed “stop attacking me” when she was clearly the aggressor. When I thought back on it it became clear she was pandering to the news cameras present just like Ms Bond’s nasty habit of calling miners wives “coal hoes” to provoke a contfrontation.
eM, I would suggest a grid tie with the power co. for the solar power generation as storage batteries are expensive to purchase and maintain. Been there and done that also as I use solar power in my garage
Surly goodness sake Judy Bonds didn’t call the coal miner’s what you stated she called them?
She has, and you should have heard what she was saying to the Massey worker who is a preacher. Yet they by their own regard had a Minister speak that day. Hmm. wonder how great her organizational skills are. I know her name calling is up to par. The old addage states, sticks and stones…..
Now I must say I will keep my opinions on Judy Bonds to myself but I can’t believe how “high and mighty” she thinks she is when she was made from the same dust Don Blankenship was made from, there I bet that went over good. I guess “their” preacher was better than the Massey preacher? If both are called to do so by God then no one is better and they should realize that.
I have to say that if I heard Ms Judy say something like that in front of me, I would have to say what I thought of her, but as I said I will keep that to myself.
Posted on 9 Million reasons why we didnt sign Bryant! Just ahetnor player who thinks he is a superstar, but the facts dont back it up. You dont pay a WR who has only posted more than 4 TDs twice in his 7 year career. Only twice did he break the 1000 yard mark! IN 7 YEARS? So at his very best he averaged about 63 yards per game and about a touchdown every 3 games. Not what Id call someone to build your team around.