Archive for May, 2010

McGuinness Begins Sentence

Sunday, May 30th, 2010
posted by ambernitch

James McGuinness joined Emmakate Martin and Fred Williamson in Southwestern Regional Jail on Friday, May 28th.  McGuinness and Williamson are facing charges stemming from a blockade of Massey’s Regional Headquarters in September of last year.  Like Williamson, McGuiness is waiting to hear whether community service can shorten his jail time, currently set at 21 days.  Martin is awaiting her pre-trial hearing set for Thursday, June 3rd.

They can receive letters at the following addresses.  Please send standard sized letters and do not include stickers or other materials besides written correspondence.  Remember that all letters can be opened and looked through please do not write anything that could endanger them or yourself.  Thank you to everyone who has written so far and please continue showing your support.

EmmaKate Martin
Southwestern Regional Jail
13 Gaston Caperton Dr.
Holden, WV 25625

Fred Williamson
Southwestern Regional Jail
13 Gaston Caperton Dr.
Holden, WV 25625

James McGuinness
Southwestern Regional Jail
13 Gaston Caperton Dr.
Holden, WV 25625

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Bail Reduced to $25,000, Bryant Takes Deal

Friday, May 21st, 2010
posted by ambernitch

Updated:

Today after Magistrate Snodgrass reduced the bail to a still exorbitant $50,000 with a $25,000 property option, an emergency hearing in Circuit Court was scheduled for 4pm.  Judge Willie Thompson reduced the bail to $25,000 each, with a $2,500 bond option.  In addition, Martin and Bryant were offered a deal of 5 days time-served and 55 days community service, along with the conditions that they remain on house arrest for the 55 days, leaving only for community service hours, and plead guilty to trespass and conspiracy.  Bryant took the deal and will be getting out of jail Monday.

EmmaKate did not immediately take the deal.








EmmaKate Martin smiles as she is escorted out of the Boone County courthouse. She and Ben Bryant appeared before Magistrate Snodgrass for a bail reduction hearing Friday morning; after Snodgrass reduced their bail to a still-exorbitant $50,000 each, they appeared in circuit court for an emergency hearing and pre-trial, where they were given a bail of $25,000 each. Photo by Peter Barrie.








“I didn’t want to plead guilty,” she said.  A no-contest plea would not have satisfied the conditions.  She has until Wednesday to decide but doubts she will take it.

Thanks to everyone who helped make this happen through your phone calls and donations.


Additionally, a friendly reminder to be respectful when calling public officials, especially towards those people who do not have a say in the decisions we are calling about.  There were allegations in court today of threatening calls made to Magistrate Snodgrass’ secretary concerning the bail reduction.  Again, we thank you for your support but ask that you remain respectful in keeping with the code of non-violence this campaign adopts.

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Tomorrow’s Bail Violation Hearing Follows Outrage in the Anti-MTR Movement & Beyond

Thursday, May 20th, 2010
posted by Dea

Climate Ground Zero’s legal team and the calls of hundreds of supporters have secured a bail reduction hearing for EmmaKate Martin and Benjamin Bryant for 10:30 a.m. on Friday, May 21. Magistrate C. Porter Snodgrass set Martin and Bryant’s bail at $100,000 each for their four non-violent misdemeanor charges of trespassing, obstructing an officer, conspiracy to commit a misdemeanor, and littering. Martin and Bryant blockaded Massey Energy’s regional headquarters in Boone County, W.Va. on Monday, justifying their actions in this public letter. The unprecedented bail for non-violent civil disobedience in the Climate Ground Zero campaign sent ripples of outrage through the mountaintop removal abolition movement and beyond.

Magistrate Snodgrass and other Boone county magistrates consistently set lower bails for violent offenders. The following figures are from Coal Valley News, Boone County’s local newspaper:

The list of comparable or lower bails for violent offenses goes on.

Nick Martin is EmmaKate’s older brother, a community organizer, and has been part of Climate Ground Zero’s campaign of civil resistance to mountaintop removal.

“I am happy to report that my sister and Ben are in high spirits and their convictions remain strong,” Nick, who was able to visit EmmaKate today, said, “We are all appalled by Magistrate Snodgrass’s punitive use of bail. It is an attempt to squash resistance to mountaintop removal.”

“As evidenced by the outpouring of support for EmmaKate, Ben, and all of us this week, Snodgrass and the West Virginia legal system is finding out just how widespread opposition to mountaintop removal really is,” Nick continued, “It’s not just the hundreds who have participated in non-violent civil disobedience in the coalfields. There is a national movement, and right now they are calling for justice for EmmaKate and Ben. We’ll get them out soon.”

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Write to Activists Serving Time for Standing Up to Massey Energy

Thursday, May 20th, 2010
posted by Dea

You can send letters to Ben Bryant, EmmaKate Martin and Fred “Foxfire” Williamson (who is serving a 21-day sentence for his blockade of the Massey Regional HQ in September 2009)! Please send normal sized letters only. Only include pieces of paper with writing, do not include stickers or anything besides written correspondence. Remember that all letters can be opened and looked through so don’t write stuff that could endanger either person.

You might want to write about what’s going on in the outside world (especially about your physical environment, like the weather and the changing seasons), who you are, what sorts of things you do and why you are writing to them! They may or may not have paper/stamps to write back, so don’t get discouraged if you don’t receive a reply.

EmmaKate Martin
Southwestern Regional Jail
13 Gaston Caperton Dr.
Holden, WV 25625

Benjamin Bryant
Southwestern Regional Jail
13 Gaston Caperton Dr.
Holden, WV 25625

Fred Williamson
Southwestern Regional Jail
13 Gaston Caperton Dr.
Holden, WV 25625

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Reportback on Spruce No. 1 CWA Permit Hearing

Thursday, May 20th, 2010
posted by Dea

Several hundred citizens gathered in the Charleston Civic Center Tuesday night for an EPA-sponsored public hearing on their agency’s “proposed determination” to block the Clean Water Act permit for the Spruce No. 1 surface mine.

If allowed to move forward, the Spruce No. 1 mine would be the largest in West Virginia history and cover 7 miles of streams in Logan County, near Blair. The Army Corps of Engineers approved a scaled-back version of the permit in 2007, which the EPA moved to veto last October. In March of 2010, the EPA announced a “proposed determination” to block the Clean Water Act Permit for the mine, saying it had “reason to believe that the Spruce No. 1 Mine, as currently authorized, could result in unacceptable adverse effects to fish and wildlife resources.” 

Despite the deeply divided sentiments that pervaded the room, the hearing proceeded in a civil manner, with the crowd respectfully allowing each speaker their allotted two minutes.

“I heard a man speak about potable water and that’s wonderful,” said Marilyn Mullens, a Whitesville, W.Va. native and U.S. Army nurse, “I want everyone to have clean water, but we eat animals, we eat plants that have to have clean water.”


Photo by Charlie Anko


Speakers who opposed the permit included local residents, a former UMWA miner, anti-mountaintop removal activists and scientists. They argued against the permit from a wide variety of angles, pointing out the health, environmental, human and economic impacts of coal.

“I care mostly about the people of Appalachia,” said Laura Steepleton, of Climate Ground Zero. While mountain ecology is part of what catalyzed Steepleton to action, she continues to organize because of her experiences talking to Coal River Valley community members, many of whom have suffered ill-health effects and have had their home foundations crack due to nearby blasting.


Photo by Charlie Anko


The opposition was heavily weighted with coal industry higher-ups and politicians. Nick Rahall of West Virginia’s 3rd Congressional District compared fisherman whose livelihoods have been ravaged by the recent oil spill to the impact vetoing Spruce No. 1 would have on strip miners (despite the fact that fishermen livelihoods were ruined by an extractive industry). Bill Raney of the West Virginia Coal Association and Randall Maggard, a manager at Argus Energy, also spoke—emphasizing that vetoing the permit would take away jobs and create a precedent that could threaten the mining industry as a whole. No one in favor of the permit mentioned that economically mineable coal will likely be gone from southern West Virginia within the next few decades.

Strip miners and residents were among the pro-Spruce speakers, but comprised a minority. Representatives of the Logan Chamber of Commerce and the county schools, both of which receive coal severance tax dollars, spoke out in favor of the permit.

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Demand Bail Reduction! Call Magistrate Snodgrass: 304-369-7360

Tuesday, May 18th, 2010
posted by andrewmunn

Contact: Dea Goblirsch 304-854-7372

EmmaKate and Benjamin remain in Southwestern Regional Jail this morning held on $100,000 bails for their blockade of Massey Energy Regional Headquarters in Boone county, W.Va.

We are asking you to call Magistrate Snodgrass and demand their bails be reduced to a reasonable amounts.

Benjamin’s case number is: 10-M-7-11-12-13-14

EmmaKate’s case number is: 10-M-7-15-16-17-18

Here’s an example statement: I am calling to express my outrage at the exorbitantly high bail Magistrate Snodgrass set for EmmaKate Martin and Benjamin Bryant. Their case numbers are 10-M-7-11-12-13-14 and 10-M-7-15-16-17-18. The 8th Amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”  Snodgrass is using bail as punishment, and it is certainly excessive.  He is doing a disservice to society by holding them behind bars until their hearing.  Please reduce their bail to a reasonable amount that reflects their four non-violent misdemeanor charges.

Boone County Magistrate Office: 304-369-7360

Act in solidarity with EmmaKate, Benjamin, and all of those who are standing on the front lines of destruction. Call Magistrate Snodgrass and pass this on to your networks.

Please Donate to the Climate Ground Zero Legal Defense Fund by clicking the button below, or you can forward this link.


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Magistrate Snodgrass of Boone County sets two $100,000 bails for non-violent protestors

Monday, May 17th, 2010
posted by andrewmunn

FOR IMMEDIATE RELEASE

Contacts: Dea Goblirsch 914-960-2197

Madison, W.Va. – EmmaKate Martin and Benjamin Bryant were arrested this morning while blockading the driveway to Massey Energy’s regional headquarters in Boone county, W.Va. Magistrate Snodgrass set their bails at $100,000 each for misdemeanor charges of trespassing, conspiracy to commit a misdemeanor, obstructing an officer, and littering.








Photos by Cheshire

Nick Martin, EmmaKate’s older brother and participant in Climate Ground Zero’s campaign of civil resistance, stated “As I hugged my little sister following her arraignment this morning, I was awed by her calmness and high spirits.  I admire her courage, and her willingness to put her freedom on the line for the well being of Appalachian communities and the environment. I will worry about her constantly until she is free.  My sister is my hero!”

EmmaKate Martin was perched on a platform suspended in a tripod, a structure built with rope and three log poles, and Bryant was locked to the base of a pole. Both Martin and Bryant underwent extensive non-violence training prior to their action. Their banner read “Massey, Profits Before People & Mountains, Fight Back!”

They articulated their motives and the sense of responsibility that impelled them to act in an open letter to Massey shareholders and the American public. The letter can be read at www.climategroundzero.org/openletter.  Among their top concerns are mountaintop removal and the Brushy Fork Sludge Impoundment on Coal River Mountain.

Climate Ground Zero’s legal team is researching the legality of the unprecedentedly high bail and will seek legal recourse.

“Boone county is not giving these bails to simply punish EmmaKate and Ben. Boone county, and the state of West Virginia, is using high bail as an intimidation tactic to deter others from standing up for the health of communities and against mountaintop removal and Massey’s mistreatment of workers,”  stated Sarah Seeds veteran non-violent activist.

There is an emerging pattern of non-violent protesters receiving heavy-handed punishment while those who use violence against them are let off the hook. On July 4, 2009, on Kayford Mountain, Adam Pauley threatened to kill families who had gathered to celebrate Independence Day at the Mountain Keepers Festival. He was not arrested, but was given a $100 fine and six months unsupervised probation when found guilty of verbal assault in a February 2010 trial brought against him by Mountain Keeper Larry Gibson. Rock Creek resident, Ruth Tucker, slapped Judy Bonds, outspoken mountaintop removal abolitionist, at a non-violent protest on June 23, 2009. She was released on personal recognizance and given a $100 fine six months after the fact. Climate Ground Zero activist, Jacqueline Quimby was recently sentenced to sixty days in jail for an act of non-violent civil disobedience at a Kanawha County mine site.

Donate to the Climate Ground Zero legal fund here.

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“Stop Putting Profits Over People & Mountains,” say Protestors Blocking Road to Massey Regional HQ in Boone County

Monday, May 17th, 2010
posted by andrewmunn

FOR IMMEDIATE RELEASE

Contact: Dea Goblirsch     914 960 2197

Email: news@climategroundzero.org

Julian, W.Va. — Two Climate Ground Zero protestors are blocking the driveway to Massey Energy’s Regional Headquarters in Boone County, W.Va.. EmmaKate Martin, 18, is suspended on a platform between three interlocking poles, 30 feet above the road. Ben Bryant, 23, is locked to the base of one pole. A banner hanging from the platform reads “Massey: Profit over People & Mountains: Fight Back!”

This action precedes Tuesday’s Massey Energy Annual Shareholders Meeting in Richmond, V.A.. Mountain Justice and Union organizations, including the United Mine Workers of America, are planning to rally outside of the meeting, encouraging shareholders to take a hard look at Massey Energy and CEO Don Blankenship’s lack of corporate responsibility. Martin and Bryant are blocking the road for similar reasons, including the destructive practice of mountaintop removal mining.

Mountaintop removal mining blasts mountains apart to get to the coal seams beneath, pushing the rubble into nearby valleys. The destruction leads to cracked home foundations, an increase in respiratory diseases and cancer in nearby communities, and poisoned waterways. In some cases, land that has been in families for generations is literally blown apart.

“I used to work for the coal industry, because that’s pretty much the only kind of work you can find around here,” said Junior Walk, 19, a lifelong resident of the Coal River Valley, “It didn’t really register, how much of a scale the destruction was on, until I was a guard at a mine site and I would look out over this wasteland, this moonscape.”

Coal sludge, a byproduct of washing coal to make it burn “cleaner,” is stored in large impoundments that loom over coalfield communities. The Brushy Fork Sludge Dam on Coal River Mountain, operated by Massey subsidiary Marfork Coal, is the tallest earthen dam in North America. The impoundment, permitted to hold 9 billion gallons of coal sludge, rests atop a honeycomb of abandoned underground mines, causing experts, including hydrologist Rick Eades to call its structural integrity into question. By Massey’s own estimates, if the dam were to break, it would kill 998 Coal River Valley residents. Massey is currently blasting a football field’s length away from the impoundment on Coal River Mountain.

“ . . .Something’s got to be done about it, and if no one speaks up, nothing will be,” Walk continued, “I can’t let my home be destroyed, it’s horrible and it needs to be stopped.”

Martin and Bryant released an open letter to Massey Energy’s shareholders, which can be read here.

According to their letter, Martin and Bryant intend to hold their blockade until Massey shareholders “join with the coalition of nine public institutional investors that are asking Massey to withhold support from Don Blankenship and Board of Directors Baxter F. Philips, Richard M. Gabrys, and Dan R. Moore ‘because they have failed to carry out their duties on the Safety, Environmental, and Public Policy Committee,’” and Massey ceases its mountaintop removal operations, and decommissions the Brushy Fork Sludge Impoundment.

This blockade follows one last September, when four activists obstructed the same road using chains and lock boxes. Three, James McGuiness, Joe Hamsher and Fred Williamson, received 20-day sentences for the stand they took that morning. This is the latest action in Climate Ground Zero’s campaign of civil resistance to mountaintop removal.





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Community outraged at approval of Ison Rock Ridge surface coal mine permit, Appalachia, Va.

Sunday, May 16th, 2010
posted by charles

The following press release arrived today from counterparts in southwest Virginia.  Recall that in 2004, a boulder sent flying from an A&G Coal strip job above Inman, Va., crushed three-year-old Jeremy Davidson in his bed.  Inman “is a tiny cluster of homes between two steep ridges,” wrote Debra McCown at the Bristol Herald Courier, and the Ison Rock Ridge Permit sits on the ridge opposite the source of that boulder.

FOR IMMEDIATE RELEASE

Jane Branham, 276-679-7505
Hannah Morgan, 276-494-5686

Community is outraged at approval of Ison Rock Ridge surface coal mine permit

Despite pressure from federal agencies and outcry from the local community, the Department of Mines, Minerals and Energy has approved the highly controversial Ison Rock Ridge surface coal mine permit surrounding the town of Appalachia. The permit in question would destroy over 1200 acres of land immediately above the town of Appalachia, and would severely impact the communities of Inman, Andover, Derby, Callahan Avenue and Ridge Street in the town of Appalachia. The Southern Appalachian Mountain Stewards, a community group based in Wise County, has been fighting this permit since 2007.

“This is another permit being railroaded by regulatory agencies without regard to the mass public outcry,” said Jane Branham, Vice-President of SAMS. “We have significant concerns about the impact of this permit on our local waterways, our community and quality of life for those of us who live in the shadow of this permit.”

Even though the Environmental Protection Agency has signaled increased action to reduce water pollution from surface mines, state agencies, coal corporations and even local representatives are pushing ahead with plans for new surface mine permits that would cause unprecedented water pollution. Growing concerns from the medical, scientific and regulatory communities focus on the impact of mine waste on drinking and recreational water, and on the cumulative impact on already impaired streams.

In a ruling issued by the Environmental Protection Agency on April 1, 2010, the agency announced that effects from surface mine permits would be restricted based on conductivity levels of streams impacted by upstream surface mining. According to figures from the Department of Mines, Minerals and Energy, conductivity readings on the streams immediately downstream from the Ison Rock Ridge permit are already heavily impacted by surface mining. The DMME’s records show conductivity readings at the two receiving streams, Looney Creek and Callahan Creek, are 59% higher than the EPA’s new rules require. They suggest streams and watersheds severely impacted by heavy metals, sediment, and other toxic effects of mining waste being dumped in headwater streams.

“This is good example of them not caring about the people and taking care of the people,” said Sam Broach, President of SAMS. “They’re not looking out for the safety of the people and environment, and they’re going to blast this mountain despite the federal rules. Basically, we’re going to keep up the fight. We’re not quitting here. They only care about the bottom dollar, and we care about the future of our community.”

SAMS opposes the surface mine permit at Ison Rock Ridge for the danger it poses to nearby communities Appalachia, Inman, Derby and Andover. SAMS is concerned about the impacts of mining activity on nearby streams that have already exceeded acceptable levels of pollution from mine discharge, and believes this permit to be a violation of the Clean Water Act.

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Watchdog Group Offers $50,000 for Info Leading to Bribery Convictions of Massey Execs

Tuesday, May 4th, 2010
posted by Dea

StopTheChamber.com, a watchdog group focused on corporate and government accountability, is offering a $50,000 reward for information leading to the conviction of any Massey Energy executive for bribing federal officials. Motivations behind the bribe can include, but are not limited to, covering up safety violations, the appointment of pro-Massey individuals in oversight positions and passing legislation that favors the coal company. In mid-April, the group called for a criminal investigation of Massey, citing, among other allegations, a cover up of the 2000 Martin County, KY flood and CEO Don Blankenship’s contributions to the Republican Party and influence on the WV State Supreme Court.

Stop The Chamber has opened a confidential tip line, which can be accessed by calling 1-888-4U-CHAMBR (1-888-482-4627) or emailing tips@velvetrevolution.us.

The full text of the press release can be read here.

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