Archive for the ‘Response Letters’ Category

Massey and Marfork, the real eco-terrorists

Thursday, February 18th, 2010
posted by charles

Massey Energy released this statement today in response to Roselle, Hamsher and Smyth occupying the Marfork Mining Co., office in Pettus, W.Va.  Here is my response:

The three arrested today have committed themselves to nonviolence and had no intention of causing harm to any individual. We regret to hear of the condition of Marfork’s secretary and hope she recovers quickly. However, Hamsher said in a call from jail that she was still working when they were driven away by police.

Last July, Massey tried during the dragline occupation to falsely claim that Climate Ground Zero protestors sent a Massey employee to the hospital. During the tree sit above Pettry Bottom last August, a Massey worker died because nobody could hear his emergency horn over the noise Massey ordered security to make to deprive the sitters of sleep. At the apparent request of his family, I am striking this sentence.  For background, please see the comments below.

The same shameful logic that allows Massey to blow up mountains and destroy peoples’ lives allows them to falsely blame protestors for employee injuries. Massey is the only one here using explosives and keeping people up at night worrying about flooding and failed sludge impoundments.  Who’s the real eco-terrorists?

“Yes, we agree, the county prosecutor needs to step up their enforcement of the law against Massey and their employees who engage in violence against our communities and activists,”  said Judy Bonds, who was slapped at the June 23 ralley by Ruth Tucker.  The county fined Tucker only $100 for her violent act, while nonviolent anti-strip mining activists have regularly been given maximum fines.

The only thing destroying West Virginia’s economy is coal and its boom-and-bust cycle. Appalachian counties that produce coal are, across the board, poorer, unhealthier and see shorter lifespans than geographically similar Appalachian counties that don’t produce coal, according to this study.  Two other studies, here and here, also show that the coal industry costs government more than it pays in taxes.

Massey, the coal industry and the banks that fund them are criminal enterprises living off the government and destroying one of the most beautiful and biodiverse places on the planet. As noted by the citizen’s arrest warrant the three protestors took to Marfork this morning, Massey and its executives are guilty of wanton endangerment involving destructive devices, explosive materials or incendiary devices, a felony, for the roulette game they’re playing with Brushy Fork. Massey is also guilty of attempting to kill or injure by poison, another felony, for its role in underground slurry injection near Rawl, W.Va., Prenter, W.Va., and the surrounding communities.

As I write this, I can hear and feel Massey blasting apart the mountains around us; they must be stopped before there’s nothing left to save. Please donate to our legal defense and general funds.

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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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Response to Massey Energy’s Statement About Tree Sit

Sunday, January 24th, 2010
posted by norag

Massey Energy released a statement yesterday in response to the ongoing tree sit on Coal River Mountain.  It’s partially posted here, but we’ve been unable to find the rest of it because it was not given directly to Climate Ground Zero.  This is Climate Ground Zero’s response:

Massey Energy, in their recent statement, makes a number of allegations against Climate Ground Zero and our ongoing tree sit on Coal River Mountain’s Bee Tree Mine Site.  We would like to address these allegations formally, in order to set the record straight and clarify some of Massey’s more misleading comments.

Massey has repeatedly and vociferously pointed out that certain individuals taking part in actions on Massey property are not from the state of West Virginia.   Though the sitters are not West Virginian, neither is Massey. Massey Energy is an out-of-state mining and landowning company – falling in tradition to the absentee landholders that have plagued West Virginia for centuries. Landholding companies own 90 percent of Coal River Mountain and out-of-state landholding companies own 60 percent.  In fact, out-of-state, usually absentee landholders like Rowland Landholding (Massey’s sometime landlord) hold the vast majority of southern West Virginia.

Coal River Mountain is by no means untouched; underground mining, contour mining and the huge toxic threat that is the Brushy Fork Impoundment have already disturbed it.  However, taking down Coal River Mountain’s mountaintop would still be extremely detrimental to the watershed, because it would remove a large chunk of the land that currently absorbs rainfall and sequesters carbon.  This would cause more flooding along the lines of what was seen along the Tug Fork last May, kill the Coal River with sediment and contribute to climate change.

According to the WV Office of Miners’ Health, Safety, and Training 2008 Annual Report and Directory of Mines, 25 % of the coal mined in West Virginia was mined by mountaintop removal, yet the industry routinely claims that only a tiny fraction of permits are “true mountaintop mining” permits. “For example, in the Mountaintop Mining Fact Book, the National Mining Association wrote “About 70 percent of U.S. coal production is mined using surface mining methods, including MTM.”  Massey claims surface mining as mountaintop removal when it suits them, and then reverts to a highly specific definition in order to attempt to discredit those who oppose MTM.

Massey’s planned 6,000 acre mine on Coal River Mountain would destroy the entire mountain and create 17 valley fills. It falls clearly into the EPA’s definition of mountaintop mining from its 2003 Environmental Impact Statement: “’Mountaintop mining’ refers to coal mining by surface methods (e.g., contour mining, area mining, and mountaintop removal mining) in the steep terrain of the central Appalachian coalfields.”  The tree sit is stopping a box cut, and whether it is on the top of the ridge, or just underneath, to claim that it is not a mountaintop removal operation is a deceptive splitting of hairs.

At the Twilight, Edwight and Kayford mine sites they destroyed multiple mountains, including Bailey Mountain, Cherry Pond Mountain and Kayford Mountain.  The more mountains that are leveled by the mining companies in this valley, the more the valley and the communities in it are made into a drainage ditch; if it continues this way, they will have to rename the Mountain State.

According to Massey’s “Monitoring and Emergency Warning Plan and Procedures for the Brushy Fork Impoundment,” the Brushy Fork Impoundment is permitted to hold up to 8.2 billion gallons of sludge. That in itself is dangerous. Massey’s own filings with the WVDEP state that the children in the Head Start facility in Pettus, W.Va., would have no time to get out before they are hit by a 72 ft wall of toxic coal sludge.  Five hours later, 25 miles away, the sludge will be 40 feet deep.

Massey accuses us of misrepresenting the volume of sludge in Brushy Fork, but their lower estimates on the volume of toxic sludge could be due to their recent drainage of the dam and the movement of the sludge to another location.  Moving the sludge does little to address the real dangers of the matter of toxic coal waste storage.

The Tennessee Valley Authority coal ash spill was just over one billion gallons. The resulting flood covered 300 acres and contaminated tributaries of the Tennessee River with toxic coal ash waste. The full extent of the disaster’s ecological and health impacts are still unknown more than a year later.  This is just one of many coal waste storage failures or spills in the past two decades. What’s more, despite their rejection of the figure, Massey offered no exact figure to counter 8.2 billion gallons because they’re just playing a semantics game.

As we have said before, when Massey leaves Coal River Mountain it will be so scarred and de-elevated that, in the end, the effects will be the same whether you checked the box on that permit or not.  It’s mountaintop removal.

Massey stated that MTM/VF sites will be useable for wind farms.  On the contrary, Gamesa, a major wind developer, said they won’t put a wind farm on Coal River Mountain after mining.  After a mountain is strip-mined, the ground is too unstable to support wind turbines without making their foundations many more feet deep, which is prohibitively expensive.

The sitters acknowledge they are putting themselves at risk and believe it’s worth that risk to stop the greater crime of strip mining.  The statement that the sitters are a threat to the safety of the miners and police is unsound.  The protestors seek to make this situation as safe as possible for all individuals, being careful to avoid dropping things from their platforms or engaging in any other unsafe behavior. Alternatively, Massey actively seeks to endanger the sitters through their wanton use of noisemakers and lights; depriving the sitters of sleep and creating a more dangerous situation. The more significant danger at hand is Massey’s gambling with the lives of over 1,000 people living on, around and downstream of Coal River Mountain and the Brushy Fork Impoundment as well as the safety of their own workers.

It’s high time Massey stopped shifting the focus away from their destructive behavior and time for them to take responsibility for the danger they are creating in these communities. If Massey were truly held to the law just like the rest of us, they would have been locked up long ago.

We take accuracy and facts very seriously and believe the truth is on our side.  It is never our intention to deceive anyone or to be untruthful.  It’s time the EPA stopped beating around the facts and ban strip mining for good.  No more SMCRA compromise, no more mountaintop removal.

Learn About Mountain Top Removal on Coal River Mountain

Take Massey’s advice and look at Google Earth.  You’ll see strip mines all around Coal River Mountain.  However, since Massey has been so quick and efficient at destroying mountains, Google Earth has not been able to keep up and doesn’t show all the destruction.  First, turn on the mountaintop removal layer under “Global Awareness.”  Second, download additional layers of mining permit boundaries here. Just take a spin around and see the reality of this horrible mining practice.

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Response to Walker Cat President’s Inflammatory Comments on Banner Hang

Wednesday, October 14th, 2009
posted by Dea

Steve Walker, President of Walker Cat, equated us to suicide bombers in the Middle East for hanging a banner on a building. We were arrested on Saturday for this act and cited for trespassing.

Many Americans suffer from the loss of loved ones to acts of violent terrorism. Steve Walker’s comments play off of people’s fear of violence, escalating tensions between supporters and opponents of mountaintop removal. We, as individuals and as a movement, are committed to nonviolence. D.B. Cox, our arresting officer, noted that we “complied and were arrested peaceably.”

As residents of Maryland, we came to West Virginia because, if our hometowns were being destroyed like the mountains of West Virginia, we would want all Americans to come and stand with us. Furthermore, both of our home towns burn mountaintop removal coal, which implicates us and urges us to take action to stop this atrocity.

We ask that Steve Walker recant his words, which misconstrue our act of nonviolent civil disobedience.

Sincerely,
Dave German & Gabe Schwartzman
david.r.german@gmail.com, gabe.schwartzman@gmail.com
Rock Creek, WV
304-854-7372

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