Archive for March, 2010

Edwight Watch Exposes Lack of Regulation on Mountaintop Removal Sites

Monday, March 29th, 2010
posted by Dea

Coal River Mountain Watch just premiered a new section of its web site, Edwight Watch. Here’s an excerpt from the “About” section of the site:

In the spring of 2009, Bo Webb pressured federal and state regulatory agencies to start issuing violations in response to dangerous, active blasting at the Edwight Surface Mine, just uphill of his property. The WV Department of Environmental Protection, while somewhat responsive, has continued to disobey the law in their handling of violations on Edwight.

Edwight Watch is an effort to expose the lack of regulation on Edwight and all mountaintop removal sites in the coalfields of West Virginia. Coal River Mountain Watch volunteers and interns are partnering with community members to cite violations using a variety of methods, including ground photography from nearby ridges and the use of Geographic Information System (GIS) mapping to compare aerial photography to current mine permits. We have encouraged WV Department of Environmental Protection inspectors to utilize these methods, but no changes have been made thus far. Our information is bolstered by extensive amounts of historical information and oral testimony related to the destruction of the Hazy Creek and Shumate drainages.

Taking Bo Webb and his work fighting the injustice of the mining regulatory system in West Virginia as inspiration, we hope to encourage community members to speak out about their frustrations with the regulatory systems to us and to the regulators that must hear them.

The WVDEP issued several violations in the summer of 2009, due in large part to Webb’s efforts. Several of these violations were of the same type, sending the mine site in to show cause. The WVDEP has yet to prove or explain why they will not hold a public hearing, as mandated by law, on the show cause order that Bo Webb initiated. Read the press release here.

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Massey Pledges $1 million for Marsh Fork Elementary

Thursday, March 25th, 2010
posted by ambernitch

Finally, the struggle to build a new school for the students of Marsh Fork Elementary may be coming to a close. This past Tuesday, March 23rd, Massey Energy pledged $1 million towards replacing the school. Previously, Massey had refused to help finance a new school, but after mounting public pressure, including lobbying efforts by local resident Ed Wiley as well as public criticism from Senator Robert C. Byrd, they have given in.

Marsh Fork Elementary currently sits 300 feet below a Massey Energy processing plant and 400 yards from the 2.8 billion gallon Shumate sludge impoundment. Independent studies have proven that coal dust contaminates the school and endangers the health of the students.

Coal River Mountain Watch
has already pledged $10,400 for the school and the Raleigh County School Board is now awaiting a response from the state School Building Authority concerning their request for $6.6 million.

Read the full article from the Charleston Gazette here.

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McGuinness Appeals, Attesting His Innocence

Thursday, March 18th, 2010
posted by Dea


Photo by Phoebe Neel


After speaking with my lawyer today, it seems that I am free, for up to 30 days, pending an appeal for a retrial. So I do not have to turn myself in to the Southwestern Regional Jail tomorrow. We will see what happens in the next 30 days, whenever my attorney is able to file the motion. As far as we are concerned, I am innocent, and we are resolved to prove that. Massey is the criminal here, destroying the oldest mountain range in the world, violating the Clean Air and Clean Water acts, polluting head water streams, clear cutting an incredible amount of old forests, destroying habitat for animals, and terrorizing many of the citizens of Appalachia who live below the mountains Massey is exploding.

Our resolve is strong. We are not going to stop our work to save the wonderful mountains of Appalachia. We are more determined than ever to expose this incredibly destructive practice for what it is, a crime. It is a crime against nature, and Massey and all companies that participate in this crime, including the banks that fund it, are held accountable. It is long past the time to end mountaintop removal forever.

-James “Guin” McGuinness

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21 days and one ‘not guilty’

Tuesday, March 16th, 2010
posted by charles

MADISON, W.Va.—A Boone County jury found James McGuinness guilty on trespass asked to leave, obstruction and conspiracy, but not guilty on property destruction today, and Magistrate Byrnside sentenced McGuinness to 21 days in jail.  Byrnside gave McGuinness till Friday morning to get his affairs in order before turning himself in.  He was also assessed court costs and jury fees expected to exceed $1,000.

The charges stem from the September 9th blockade of Massey’s Regional Headquarters.  Joe Hamsher plead no contest to trespassing and conspiracy charges stemming from the same action and received a 20 day jail sentence.   Roland Micklem and Fred Williamson are still awaiting trial with Micklem’s scheduled for March 29th at 9:30 am.

For the property destruction charge, the Boone County prosecutor alleged that tar on lock-down devices damaged a pair of pants, pair of gloves and a knife, and that a chain scraped some paint off a Massey lamp post.  None of these physical items, nor pictures of them, were presented as evidence in trial.  The officer who owns the knife did not learn till on the stand that his knife was involved in the case.

Letters can be addressed to Guin in the Southwestern Regional Jail:

James McGuinness
Southwestern Regional Jail
Earl Ray Tomblin Industrial Park,
13 Gaston Caperton Dr.
Holden, WV  25625

Donations to Guin’s commissary and other campaign legal expenses can be sent here:

Paypal, or another method.

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Nick Martin is Released From Jail

Sunday, March 14th, 2010
posted by bfbryant


Nick Martin is released today!

Nick Martin enjoying fresh hot coffee on his ride home from jail


Nick Martin was released this morning after serving five days of a seven-day sentence issued last Tuesday.

Martin participated in a drill rig lock-down on Coal River Mountain last November and went to court on four charges: trespassing, conspiracy, littering and obstruction. Aside from the status hearing, he attended a bail violation hearing for failure to appear to an earlier court date of which he did not receive notice. Magistrate Massie was reluctant to return the $2000 bail unless Martin would plead guilty to trespassing and obstruction and served his sentence immediately.

Martin took the plea and was sentenced to seven days in jail and $55 in fines for the 2 charges. The littering and conspiracy charges were dropped.

Martin had faced up to two and a half years in jail and thousands of dollars in fines.

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DEP Denies Public Hearing For Edwight Show Cause

Thursday, March 11th, 2010
posted by Dea

This just in from our friends at Coal River Mountain Watch:

DEP Denies Public Hearing For Edwight Show Cause

Contact: Judy Bonds 304-854-2182, Vernon Halton 304-913-4113

WHITESVILLE, W.Va. — The West Virginia Department of Environmental Protection (DEP) has denied local citizens a public hearing regarding a show cause order on the Edwight Surface Mine.  According to state law, show cause orders, intended to be the last step before the DEP shuts down a mine site, are supposed to be settled in public hearings.  Despite the law, the DEP has decided not to hold a public hearing, and is instead privately negotiating a consent order with the mine operator, Alex Energy, a subsidiary company of Massey Energy.

After repeated requests, the DEP has granted CRMW the right to submit comments on the drafted consent order but is still refusing to hold a public hearing.  CRMW is asking community members to submit comments to them, as well as suggesting they file for their own right to comment.

Due to the DEP’s continual failure to follow the law, CRMW is now looking to the Office of Surface Mining Reclamation and Enforcement (OSMRE). 

“Massey Energy’s Edwight permit is one of the most flagrant examples of the DEP failing to regulate this outlaw company. The OSMRE needs to act now to takeover the duties that this failed agency refuses to perform,” said Vernon Haltom, co-director of Coal River Mountain Watch.

Other community members are also expressing frustration with the violations on Edwight. Last April, local citizen Bo Webb took his case all the way to Washington, D.C. after he observed violations going unnoticed by the West Virginia DEP. As a result, OSMRE shut down that area of Edwight until the violations were issued. 

Currently, there have been 33 cited violations on the Edwight Surface Mine.  Besides the violations mentioned in the show cause, there are nine others that exhibit a negative pattern, a label given by the DEP when at least three violations of the same type occur within 12 months of each other.  The current show cause order was issued in November for six repeated violations.  

As these violations continue and the DEP refuses to enforce the law, community members are left to deal with the consequences.  As local resident Tom Beckner said in reference to Edwight, “We used to have some of the best drinking water. Now it’s nothing but a slush pond.”


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Two Pro-Mountain Activists Go to Court; One Goes to Jail

Tuesday, March 9th, 2010
posted by mat

This morning Nick Martin and Josh Graupera appeared before Magistrate Massie in Raleigh County Court on charges stemming from the November 21st drill rig lockdown and the January treesit on Coal River Mountain respectively.

Nick Martin locked himself to the actual drill itself, refusing to unlock, and was charged with trespassing , conspiracy, obstruction and littering.  He was also accused of violating his bail agreement by failing to appear for an earlier court date; however, he never received notice of his court date due to postal service mistakes.  Magistrate Massie refused to return the $2000 bail unless Martin plead guilty to trespassing and obstruction, which he did.  Martin was sentenced to seven days in jail and $55 in fines for the two charges, while the conspiracy and littering charges were dropped.  He began serving his sentence immediately.  Martin had faced up to two and a half years in jail and thousands of dollars in fines.

Josh Graupera provided initial direct support to the treesitters on Coal River Mountain and was charged with trespassing and conspiracy.  He plead guilty to both charges today and received a sentence of $100 in fines and no jail time.

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Steepleton released, charges dropped; Roselle, Smyth also released

Thursday, March 4th, 2010
posted by charles

BEAVER, W.Va.–We received word about an hour ago that Raleigh County is releasing Laura Steepleton and is dismissing all charges against.  Dismissing charges, however, does not get back the night she was wrongfully made to spend in jail.

Also, Mike Roselle and Tom Smyth were bailed out of jail yesterday and are back home.

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Steepleton arrested at home — Updated

Wednesday, March 3rd, 2010
posted by charles

ROCK CREEK, W.Va.–A Raleigh County Sheriff arrested tree sitter Laura Steepleton at her home today on failure to appear charges.  According to friends of Steepleton’s, she has been calling Raleigh County all this past week asking if she had a court date and was never told of one.

According to the Raleigh County Magistrate’s office, they have no record for Steepleton and that it’s likely a Circuit Court case, which means no news will come till open of business in the morning.

Steepleton’s arrest happened the same day that Mike Roselle and Tom Smyth, the last remaining jailed Marfork Office arrestees, were released on bail.


UPDATE:

Heard from Laura and spoke with the Kanawha Co. Magistrate’s office.  The latter said she was taken in on a capias warrant for violating the bond agreement from the DEP action.  The criminal case from her charges in that action have been completely resolved.  The magistrate’s office said that Mag. Yeager will arraign Steepleton when he receives paperwork from Raleigh County, who arrested and hold her in the Southern Regional Jail.

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Activists Appeal To WV Supreme Court

Tuesday, March 2nd, 2010
posted by antrim

March 2, 2010

PRESS RELEASE

Contact:

Charles Suggs 304 854 1937   Antrim Caskey 917 349 0422   Roger Forman  304 346 6300

ACTIVISTS APPEAL TO WV SUPREME COURT

ROCK CREEK, WV —  Attorneys for four Climate Ground Zero activists and independent photojournalist Antrim Caskey are to file a Petition for Appeal to the West Virginia Supreme Court over civil disobedience activities in Raleigh County in the Circuit Court this morning.

“We are petitioning the West Virginia Supreme Court to review rulings which we consider erroneous and look forward to presenting the petition to the Supreme Court,” said attorney Roger Forman, partner at Forman and Rist, from his office in Charleston, WV.

Attorneys for the plaintiff, Alex Energy, Inc, a subsidiary of Massey Energy, will have thirty days to file a response, after which time the West Virginia State Supreme Court will then decide  to hear the case or not.

Activists William Wickham, Madeline Gardner, Charles Suggs IV and Jordan Freeman are named on the appeal in conjunction with an April 16, 2009 protest on Massey Energy-owned Goals Coal Company.  The activists hung a banner over a highwall at an active blast site on the Edwight mountaintop removal site just above Clays Branch. The homes of Naoma were clearly in view.

“The coal companies are blasting just above the homes of Coal River Valley residents, like the Webbs in Peachtree.  It’s unbelievable what the coal companies get away with.  Everyone I know down here is determined to stop them,” said photojournalist Antrim Caskey, who moved from New York City to Rock Creek to cover mountaintop removal.

From February 3, 2009, more than one hundred activists have been arrested for trespass or obstruction on Massey Energy mountaintop removal mines in dozens of actions of non violent civil disobedience.


Will Wickham and Glen Collins and Willie Dodson used U-Locks to attach themselves to a massive dump truck on the Patriot Coal mountaintop removal site at Kayford Mountain. Eight activists were arrested on the site in total. Interestingly, the authorites recognized Caskey's standing as a journalist in this May 23, 2009 protest; Caskey was not arrested while documenting this protest. photograph by Antrim Caskey


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