Archive for February, 2010

Podcast: Tenthmil’s Johnny Killroy Interviews Dragline’s Antrim Caskey

Saturday, February 13th, 2010
posted by antrim

Dragline – Magnificent Photography Highlights Mountaintop Removal Mining

By Johnny Kilroy on February 10, 2010 From the Arts campaign

LISTEN HERE to the Audio Podcast:

If I told you of a crack photojournalist embedded in a harrowing and dangerous adventure, you might first think of her ducking machine gun fire in a smoky combat theatre, or possibly documenting the indigenous people of some exotic jungle.

Dragline is the visual story of mountaintop removal coal mining in contemporary Appalachia. It’s a horror story that is closer to home than you may think – the hills and woods of your own country.

“It’s a war zone down here. It’s insane!”

TENTHMIL interviewed photojournalist author Laura Antrim Caskey about her new work, about the explosive situation in southern West Virginia, and about the importance of “long-form photojournalism.” She tells us,

“I learned so much, I educated myself, and I think, really, this subject radicalized me.”

With her 74 pages of shocking photographs and anecdotes, Caskey exposes the viciousness of the coal industry and the tenacity of the mountain people who are fighting for the right to exist.

In September 2008, Antrim left New York for the coal fields of West Virginia, the heart of the story. Embedded as an independent photojournalist within the Climate Ground Zero campaign base in Rock Creek, she reported on the MTR resistance movement for more than a year. She describes to us how, while working at the New York Indypendent, she got into the MTR story,

“They called me up to the front of the room, they were like ‘Hey, Antrim, someone from West Virginia’s here!’ It was Maria [Gunnoe] and she talked to me for about 45 minutes straight…she totally convinced me.”

Antrim Caskey is her own brand of exceptional photography. No one else has captured the tumult of MTR activism with the same poignancy (I know – I ‘ve tried). A seasoned hand, she has documented protests and social justice issues throughout her career, in New York City, Afghanistan, India, Appalachia and elsewhere.

“…this idea, the power of the picture, and the power of photojournalism which is…a dying art.”

In a sequence of near-tactile scenes, from the cover photo of a sludge impoundment to the young activists taking up the fight, from courtrooms to streets, from a Marsh Fork protest to explosions on Kayford Mountain, Caskey takes you on the ride she has be on with CGZ. She shows us a pristine Coal River Mountain and a devastated Kayford. We feel through their hardened eyes the experience of activists who have lived in coalfields for half a century, and some who only recently moved there to join the battle. We see faces twisted in anguish, twinged with resentment, becalmed with purpose, and grinning in quiet triumph. There are firebrands, cops, old timers, would-be martyrs, policy makers, assailants, and innocents. We meet the famous, the infamous, and the obscure.

(Photo: AppalachiaWatch.org)

“Because you’re the journalist, you’re witnessing all this stuff, and you see that laws are being broken, you see the corruption, you see the nepotism, and all of this outlaw behavior.”

She has been arrested several times for crossing property lines with activists to get the story up front. Massey Energy Company is battling Caskey in court, pending appeal, for violation of a temporary restraining order in spring 2009.

Caskey is Director of Appalachia Watch, a “long term documentary photography project” of photojournalism training, field reporting, and collaboration. It began in 2005, and with the release of Dragline it is seeking new interns.

Dragline is a jolting, crystal view into the mutilation of Appalachian beauty and liberty.

“This is the real news story…not just a story about poor Appalachia…it’s a global story.”

But there is a light at the end of the tunnel, Caskey says,

“We’re seeing the shadow of the falling coal giant. Of course, it’s inevitable.”

Get a copy from Appalachia Watch or Climate Ground Zero.

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Brushy Fork fails to meet safety requirement; Massey continues blasting on Coal River Mountain

Tuesday, February 9th, 2010
posted by Dea

The West Virginia Dept. of Environmental Protection issued a notice of violation to Massey subsidiary Marfork Coal for failure to meet a required safety factor at its Brushy Fork sludge impoundment. The safety factor indicates the amount of additional force, beyond expected maximums, that a structure can endure. At the legal standard of 1.5, Brushy Fork would be able to endure 50% more pressure than anticipated. It currently meets a safety factor of 1.32.

Citizens disagree with the DEP’s statement, released Monday, which states that “there is no risk to communities downstream of the impoundment.”  The DEP contends that only the upstream expansion portion is non-compliant and that the face of the dam is sound.

Community members cite concerns about potential breakthroughs via abandoned deep mines under the dam. In 2000, the bottom of a Massey-operated impoundment in Martin County, KY broke in to an underground mine, releasing 300 million gallons of sludge. Inspectors previously claimed that the dam was sound.

Another threat to Brushy Fork’s integrity is blasting on Coal River Mountain’s Bee Tree permit site, adjacent to the dam. A recent tree sit by civil resistance campaign Climate Ground Zero halted blasting on the site for nine days.

The WVDEP issued the violation following a 10-day notification they received from the U.S. Office of Surface Mining.

“The DEP’s failure to act without federal prompting is further proof that it is not doing its job and should be taken over by the Office of Surface Mining and the U.S. Environmental Protection Agency,” said Vernon Haltom, co-director of Coal River Mountain Watch.

Massey Energy is allowed to appeal the violation, but is currently required to take measures that will bring Brushy Fork up to legal standards.

The DEP’s press release can be viewed on their website.

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Heavy sediment pouring into Coal River at Pettus

Friday, February 5th, 2010
posted by charles

4:15 p.m.

Note: pictures are on the way.

PETTUS, W.Va.–A heavy sediment spill is ongoing at the mouth of the Little Marsh Fork in the Coal River Valley, coming from Massey Energy’s subsidiary Marfork Mining Co.  Marfork’s operations include several deep mines, the Brushy Fork Sludge Impoundment and the Bee Tree Surface Mine.

Mathew Louis-Rosenberg of the Sludge Safety Project called it in to the state Department of Environmental Protection’s Spill Hotline.

Recall last month that a spill into the Gauley River was called in, and continued well past DEP’s visual confirmation of the spill.  DEP changed the reasoning a few times, but eventually conceded that in fact, Appalachian Fuels was responsible for two water violations (WVDEP: here and here) from the pond that was shown in our posts about that spill, here and here.

Louis-Rosenberg spoke with Keith Porterfield of the DEP, “He said he’s going to try to make it out there tonight but it depends on road conditions.”

The only thing above the mouth of the Little Marsh Fork are Massey-controlled mining operations and roads, such as the Bee Tree Surface Mine, all surrounded by forested mountain.

“If it’s from Bee Tree then their sediment ditches aren’t working and they’re in violation of their permit,” Coal River Mountain Watch’s Vernon Haltom said.  “DEP has let Massey violate with impunity for so long that we have no confidence that they will take any effective action to protect our streams and communities.”

The Sierra Club, Ohio Valley Environmental Coalition, Coal River Mountain Watch and the West Virginia Highlands Conservancy gave Massey a 60-day notice in January of their intent to sue, alleging the company’s water violations increased after it settled a lawsuit brought by the U.S. Environmental Protection Agency.

“This just goes to show that the many people around here who’re concerned with Massey’s dangerous operations were correct in being concerned about the people who live downstream or near Massey’s operations,” Coal River Mountain Watch’s Judy Bonds said.  “It also shows that the tree sitters were right in their concerns.”

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Tree sitter Eric Blevins’ letter from jail

Friday, February 5th, 2010
posted by charles

The following is from Eric Blevins, one of the recent Coal River Mountain tree sitters:


I wrote this letter to the editor to the Beckley paper while in jail and told it to someone over the phone who sent it to them for me. They didn’t print it in their next issue and I doubt they printed it after that, but I thought you might like to read it:


This is in response to the article in Saturday’s paper about Amber and I coming down from our tree sit and the letter about paid, outsider environmentalists who support the EPA, which I read while sitting in the Southern Regional Jail.

I am not an outsider. I am an Appalachian. Virginia-based Massey Energy is an outsider. The people who live in the mountains and work on the mine sites work harder, longer hours and make less money than those who work at Massey’s headquarters in Richmond. All the people here should control how the land around them is used and they should profit the most from it, not people in an office far away who aren’t as impacted by the decisions they make that destroy our mountains.

I and most activists I know are not paid. We are volunteers. Groups like Mountain Justice and Climate Ground Zero help raise funds for legal fees and action supplies, but don’t pay people. Their money is donated by people who support the abolishment of mountaintop removal. They have budgets of just a few thousand dollars each. Massey has billions of dollars. They recently laid off workers and raised CEO Don Blankenship’s salary.

I and most activists I know do not support the EPA. They are not doing enough to stop the destruction of our mountains. While they review permits, the explosions are still going off in our home every day.

I climbed a tree to defend God’s beautiful divine creations: the people who live below the Brushy Fork sludge impoundment being threatened with imminent death by the blasting, the plants and animals being slaughtered, Coal River Mountain, our air and our water. The actions of my friends and I were nonviolent and defensive. Massey’s actions are violent and offensive. They blasted air horns and sirens at us in the trees almost nonstop for days on end. They have said that 998 people will die if the dam there fails, yet they set off explosives near it. It is an unlined earthen dam and those fail, like the one operated by TVA near my home in Tennessee that spilled 1.6 billion gallons of coal waste just over a year ago, practically destroying an entire community. Brush Fork holds back over 7 billion gallons, for now. It may not hold it back much longer if we don’t stop the blasting.

Eric Blevins


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Climate Ground Zero Files Motion to Dismiss; Federal Hearing Delayed

Friday, February 5th, 2010
posted by andrewmunn

February 5, 2010

Yesterday, Judge Irene Berger issued a continuance and delayed the federal hearing on Marfork Coal Company’s request for an injunction against activists associated with Climate Ground Zero and Mountain Justice.  Marfork, Massey’s subsidiary operator on Coal River Mountain, filed in federal court for $75,000 in damages and filed a restraining order against five of the seven people arrested during the recent tree-sit.  Marfork is asking that the defendants be restrained from trespassing “or otherwise congregating” on any mining property associated with Massey Energy.  In its complaint, Marfork cites Climate Ground Zero’s unwavering commitment to a sustained campaign of civil disobedience as a justification for the injunction, stating: “Defendants and their cohorts affiliated with Climate Ground Zero and Mountain Justice, have represented by their words and proven through their actions that they will not be deterred by the imposition of a monetary fine or the prospect of serving a jail sentence for their criminal conduct, but will continue to trespass on mining properties operated by Marfork and other entities affiliated with A.T. Massey and Massey Energy.”

Judge Berger granted Marfork a temporary restraining order (TRO), and a hearing to extend the TRO into a full injunction was to be held yesterday, February 4, in Beckley.  Earlier this week, we filed a motion to dismiss the lawsuit, as Marfork’s claim of $75,000 in damage contradicts their own public statement that the tree-sit did not stop operations at the Bee Tree Strip Mine. As tree-sitter Amber Nitchman put it: “It is ridiculous that Marfork claims that I did nothing to interfere with their work, and at the same time is asking me for $75,000 in damages.  They should be the ones paying for damages.  The citizens of Raleigh County deserve far more than $75,000 for the harm being done to their mountains, air, and water.”

The hearing has been continued until February 23, at 10 a.m., to give Marfork lawyers time to respond to our motion.  Please stay tuned for any updates — we’ll be asking for as many people as possible to show up in federal court as we put Massey and mountaintop removal on trial.

Relevant court documents can be found here.

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Climate Ground Zero Heads to Federal Court; Needs Your Continued Support

Tuesday, February 2nd, 2010
posted by charles

Thank you everyone who has donated towards the initial legal expenses of this last tree sit.  We’ve raised $4,271.71 towards the total $9,526.00, or 45 percent of our initial costs.  This tree sit earned mention in the New York Times and Washington Post, not to mention repeated coverage on multiple TV outlets, Business Week, and local and national newspapers.  Democracy Now!, Free Speech Radio News and other non-mainstream outlets also picked up the action repeatedly, including front-and-center on Indymedia.us.

Please donate to the legal defense fund by PayPal or otherwise, or donate to our general operating fund which is just as important, through PayPal or otherwise.  Every donation makes a difference, regardless of size. 

But more important than the media coverage, the West Virginia governor actually agreed to meet with us about the felonious abuse Massey was subjecting the tree sitters to, and the campaign is going to federal court.  This came after clogging the phone system at Massey’s headquarters in Richmond, Va., and a call-in day to the governor himself.

Thank you everyone who continues to make this campaign possible.  More details will be forthcoming about the federal lawsuit Massey filed against five of the seven arrested in the tree sit, seeking at least $75,000 in damages.  We’ll be asking for as many people as possible to show up for these court dates as we put Massey and mountaintop removal on trial.

The restraining order and lawsuit court documents are available for PDF download here.

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