Posts Tagged ‘civil injunction’

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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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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