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Massey uses SLAPP suits to silence mountaintop removal critics

Thursday, July 29th, 2010
posted by charles

Activists approach the dragline on the Twilight strip mine complex, June 18, 2009.

Rock Creek, W. Va. — Massey Energy has filed a politically motivated civil suit, also known as a Strategic Lawsuit against Public Participation (SLAPP) suit, against fourteen activists arrested last year in relation to a protest on a mountaintop removal mining site. The suit seems to be part of a larger strategy on the part of the mining company to intimidate and silence critics of the company’s safety record and controversial mining practices, particularly mountaintop removal coal mining.

Since the spring of 2008, Massey has filed at least four SLAPP suits against activists in West Virginia working to end mountaintop removal, none of which have yet been resolved. Commonly used to exhaust critics by burdening them with the cost of a massive legal defense, SLAPP suits have been banned by at least 26 states and one territory has protections against SLAPP suits. West Virginia does not have a ban, but its courts have adopted some protections against them (1).

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Posted in Civil Lawsuits, Dragline, Lawsuits, Legal, Press Releases | 28 Comments »

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

Posted in Lawsuits, Legal | 30 Comments »

CGZ to Meet Marfork Coal Co. in Federal Court

Tuesday, February 23rd, 2010
posted by Dea

At 10:00 a.m. tomorrow morning (Feb. 23), four of the seven protesters arrested during the recent tree-sit on Coal River Mountain will be defending themselves in a Federal preliminary injunction hearing at the Raleigh County Courthouse in Beckley. Marfork Coal Co., a Massey subsidiary, is claiming $75,000 in damages and is seeking a permanent restraining order on the activists. The defendants have filed a motion to dismiss the lawsuit, on grounds that the injunction employs overly broad language and that the charge of $75,000 is excessive. This claim contradicts Marfork Coal’s previous statement that the tree-sit did not stop mining operations.

Anyone who wishes to attend the hearing is welcome to come and watch. A valid photo identification is required for entry.

Tags: civil suit, coal river mountain tree sit, Federal Court, injunction, Marfork, temporary restraining order
Posted in Civil Lawsuits, Lawsuits | 8 Comments »

Funds Needed for Combined $17,500 Cash-Only Bail

Thursday, February 18th, 2010
posted by ambernitch

Joe Hamsher, Mike Roselle, and Tom Smyth locked down this morning to Marfork Coal Company, Inc.’s office in order to deliver a citizen’s arrest warrant to Christopher Blanchard, president of Marfork, and Don Blankenship, CEO of Massey Energy. Currently they are being held for a combined cash-only bail of $17,500. Though all received the same charges of conspiracy, trespass asked to leave, and obstruction, Roselle received a bail amount of $7,500 cash-only while Hamsher and Smyth both received a bail amount of $5,000 cash-only.

Please allow us to continue opposing Massey and Marfork by donating to our legal fund. Donate online through paypal or another method of your choosing.

Thank you to everyone who has already donated or loaned money, but as the campaign continues, the need for legal funds increases. Many who risk arrest in this campaign are not able to pay all the fines that they may be sentenced to after trial and some loans need to be repaid.

As Massey accuses Hamsher, Roselle, and Smyth of terrorism and endangerment, we need to remember who the real criminals are: those who endanger thousands of lives by allowing the Brushy Fork impoundment to remain in violation of over 100 documented permit infringements. Help us stop the blasting, donate now to Climate Ground Zero.

Tags: bail, citizen's arrest, civil disobedience, fundraiser, joe hamsher, marfork office occupation, Massey, Mike Roselle, tom smyth
Posted in Action Alerts, Lawsuits | 25 Comments »

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.

Tags: civil injunction, Climate Ground Zero, Federal hearing, Massey, tree sit
Posted in Lawsuits | 2 Comments »

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.

Tags: civil injunction, Federal Court, tree sit
Posted in Lawsuits | 7 Comments »

$9,625 total bail cost, please donate to legal fund

Saturday, January 30th, 2010
posted by charles

Amber Nitchman, Eric Blevins, David Aaron Smith, David Baghdadi, Benard Fiorillo, Josh Graupera and Isabelle Rozendaal stopped a blast site on Coal River Mountain for nine days, now their total bail amounts to $9,625.00. Nitchman and Blevins are still in jail, held for a combined cash-only total of $5,000.

Please donate to the Mountain Justice legal defense fund: Paypal, or another method.

Bail is paid to the state of West Virginia to release people who have been arrested. The state then returns it in full when the person goes to trial. A donation to the legal fund stays in the campaign and enables us to expand the campaign of civil resistance.

The most egregious charge out of all seven people was the concealed weapon charge levied against Baghdadi for a limb saw. He was trying to get the saw to Nitchman so she could saw off a sapling that was being repeatedly slammed into her platform. The three sitters were charged with trespass, conspiracy and obstruction, while the remaining four were charged with trespass and conspiracy.

Thank you everyone who has supported us for almost a year on the front lines. Friends have loaned thousands of dollars to get people out of jail, but those loans must be repaid soon. Some people are also not able to pay all the fines that judges gave them after arrest.

It’s equally important, in order to maintain a robust action agenda, to continually raise legal funds as we stick it to mountaintop removal and the largest coal mine operator in Appalachia: Massey Energy.

You can also support us in a more indirect fashion through the purchase of the critically acclaimed Still Moving Mountains CD, or the long-awaited photojournalistic exposé, Dragline.

Tags: Amber Nitchman, bail, Climate Ground Zero, eric blevins, Isabelle, tree sit
Posted in Action Alerts, Lawsuits | 59 Comments »

Marfork Coal Company in Violation of Office of Miners’ Health Safety & Training Noise Protocol

Sunday, January 24th, 2010
posted by brast

UPDATE:

Though the noise had been stopped when police visited the site, security resumed the noise-blasting shortly after police left. The airhorns are positioned several feet underneath the sitters’ platforms on a nearby tree.

1/24/10

To Whom It May Concern:

I am writing to report that the Marfork Coal Company has been in violation of the West Virginia Office of Miners’ Health Safety & Training noise protocol for several days. Since Thursday, January 21, security has been blasting four airhorns for prolonged periods of time – hours every day – on the Bee Tree Strip Mine. Though I do not have an exact measurement of the volume of the noise, it was significantly greater than the 90-decibel threshold for permissible noise exposure that is articulated on page four of Chapter 3 of the Coal Mine Health Inspection Procedures Handbook. Video of the noise can be seen at the following website: http://climategroundzero.net/2010/01/callmasseyonjan25/

The noise was briefly stopped this afternoon when a victim of the sound exposure contacted the police. After the police left the scene, security began blaring the airhorns again. Though the noise-blasting is directed at tree-sitters on the Bee Tree Strip Mine, it is also affecting all Marfork employees on or near the site. These employees are being intentionally subjected to unreasonably loud and sustained noises. The Coal Mine Health Inspection Procedures Handbook outlines the dangers that miners already face as a result of noise exposure: “The Mine Safety and Health Administration (MSHA) has determined that approximately 13.4% of miners will suffer material hearing impairment during their working lifetime unless preventive measures are taken to reduce overexposures.” Marfork’s decision to subject its workers to this additional noise demonstrates a gross disregard for the health and safety of its own employees, in addition to that of the tree-sitters. Further, this noise-making could be considered felony wanton endangerment under Section 61-3E-10 of the West Virginia State Code. I strongly urge you to launch an immediate investigation into Marfork’s noise practices and hold those who made the decision to sanction the noise-blasting legally responsible.

Sincerely,

Jonathan Sidney

jonathansidney1@gmail.com

(304) 854-1937

Tags: coal river mountain tree sit, Marfork, noise violation
Posted in Action Alerts, Lawsuits | 12 Comments »

Four CGZ Activists Freed on Their Own Recognizance

Thursday, December 31st, 2009
posted by mat

Rock Creek, WV – Mathew Louis-Rosenberg, Kimberly Ellis, James McGuinness, and Jacqueline Quimby were finally arraigned yesterday, 20 hours following their arrests, and freed thereafter on their own recognizance.

The activists returned home and confirmed that they had no prior knowledge of their outstanding warrants. Issued in Kanawha County, these court orders were related to trespassing charges filed this past October. The charges carry a maximum penalty of a $100 fine. The four maintain that they did nothing illegal and remain confused as to the reasons behind their arrests.

The nature of Tuesday’s arrests added to their confusion; Lt. Bowers, acting on the Kanawha County warrants, brought the four directly to Raleigh County’s Southern Regional Jail without arraignments. Combined pressure from Climate Ground Zero’s lawyers and the arrested did not result in release for nearly 20 hours. According to Climate Ground Zero’s legal team, the Kanawha County Magistrates were never informed that the four were in custody until a Climate Ground Zero lawyer went to the courthouse Tuesday morning.

Following her release, Jacqueline Quimby stated, “I thought the whole process was completely frustrating. Having your freedom taken away is a serious thing and to be put through such an ordeal in a county I had no warrant in for a charge I was not guilty of makes me very angry. I willingly attempted to rectify the situation, clear up the confusion, and instead was put through a process of ridiculous incompetance on the part of the West Virginia State Police and the Raleigh County and Kanawha County legal sytems.”

“It was a trumped up charge by Walker Cat,” said James McGuinness, ” who we were told by correctional officers has just been sold to an out of state company. At this point it is not about jobs…”

To donate money by check, make out and mail donations to Action Fund to:

Climate Ground Zero
PO Box 166
Rock Creek, WV 25174

or click this button:

Donations to the Legal Defense Fund to:
Mountain Justice Legal Defense
PO Box 86
Naoma, WV 25140

or click this button:

Tags: Climate Ground Zero, innocent, Recognizance, trespass charge
Posted in Action Alerts, Lawsuits | 4 Comments »

FOUR CLIMATE GROUND ZERO ACTIVISTS REMAIN JAILED ON TRUMPED UP CHARGES

Wednesday, December 30th, 2009
posted by antrim

CLIMATE GROUND ZERO

P.O. BOX 166 ROCK CREEK, WEST VIRGINIA 25174

(304) 854 7372 climategroundzero.net

PRESS RELEASE

Wednesday, December 30, 2009

FOUR CLIMATE GROUND ZERO ACTIVISTS REMAIN JAILED

ON TRUMPED UP CHARGES

At 3:47 pm Tuesday, December 29, four Climate Ground Zero activists were arrested for trespass at their homes in Rock Creek, West Virginia.

Mathew Louis-Rosenberg, Jacqueline Quimby, Kimberly Ellis and James McGuinness were taken to the Southern Regional Jail by West Virginia State Trooper Lt. Bowers. The charges stem from an October 10th demonstration at Walker CAT’s headquarters, which challenged Walker’s pro-coal advertising campaign. Gabe Schwartzman,19, and David German, 18, were arrested by City of Belle Police and cited for trespassing on a structure or conveyance. The two had unfurled a banner which read, “Yes, Coal is Killing West Virginia’s Communities.”

As of noon Wednesday, the four activists remain in police custody in the Southern Regional Jail in Beaver, WV. They have yet to see a magistrate and have not been informed of their charges, other than trespassing, which, if proven, would result in a maximum one hundred dollar fine.

“This is outrageous behavior on the part of the Kanawha County prosecutors.” said Climate Ground Zero activist Mike Roselle.

“These four people are guilty of nothing. They were simply present during a
demonstration last October and none of them were ever informed at any time that they were trespassing. Usually in this type of case they simply write you a ticket or mail you a summons. To drag them out of their homes and refuse to allow any bail violates their most basic constitutional right to due process.”

###

More information as the situation develops. For more
information, call Mike Roselle, Climate Ground Zero 304 854 7372.

Tags: Climate Ground Zero, innocent, trespass charge
Posted in Action Alerts, Lawsuits, Press Releases | 16 Comments »

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