Activists Amber Nitchman and Isabelle Rozendaal, center and right, with friend EmmaKate Martin, left, walk out of the United States District Court for the Southern District of West Virginia on Wednesday, February 24, followed by Samuel Brock and the Marfork Coal Company counsel. Judge Irene C. Berger ruled to grant Marfork Coal a preliminary injunction against David Smith, Amber Nitchman, and Eric Blevins, the three treesitters who stopped work on the Bee Tree Mine Site in January, as well as Isabelle Rozendaal and Josh Graupera, who supported the sitters. Photo by Cheshire/Climate Ground Zero
In a decision and order issued today, Federal Judge Irene Berger of the Southern District granted Marfork Coal Co. a preliminary injunction against David Smith, Eric Blevins, Amber Nitchman, Isabelle Rozendaal, and Josh Graupera barring them from further trespasses on Marfork property. An evidentiary hearing on the injunction was held Tuesday of this week at the Federal Courthouse in Beckeley, WV, but Judge Berger declined to issue a ruling at that time.
The form of the injunction is almost identical to the existing Raleigh County injunction. The injunction applies to the named defendants and those “acting in concert with them” and only bars them from trespass on Marfork property. Massey’s lawyers had sought a broader injunction that would have barred them from all mining properties in the Southern District of West Virginia and specifically named Climate Ground Zero and Mountain Justice.
According to the testimony of Marfork President Chris Blanchard, coal removal operations were halted in the area and equipment was idled for four days of the nine-day treesit leading Judge Berger to conclude, “Defendants efforts to thwart coal production were successful in this instance.” Congratulations again to the sitters and their supporters for standing up against Massey Energy. The defendants still face a federal civil suit for trespass, civil conspiracy, and tortious interference with business relationships and claims of over $100,000 in damages.
As Massey’s lawyers declare so loudly in their court filings, we will not be deterred. Thanks for your continued support.
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.
We sat in trees at the edge of a mine site for 9 days in the middle of the Appalachian winter in West Virginia on Coal River Mountain. It was a divinely fun and empowering experience that I highly recommend to anyone who is physically able and properly trained.
We stopped blasting for 9 days within sight of the Brushy Fork toxic coal waste impoundment that holds over 7 billion gallons of black sludge above the Coal River Valley. Massey Coal says that if the impoundment’s dam fails it will kill approximately 998 people in that valley, and Massey impoundments have failed in the past.
PETTUS, W.Va.–Benard Fiorillo, 21, was arrested on the Bee Tree Strip Mine site while attempting to offer aid to Eric Blevins and Amber Nitchman, two tree sitters taking action to halt blasting on Coal River Mountain. He was trying to send bags up to the platforms with more supplies, but was apprehended by Massey security before he could do so. Yesterday, David Aaron Smith, 23, descended from a third tree. He is being held on a $2500 cash-only bail and is charged with trespass asked to leave, conspiracy and obstruction.
Since the sitters began their occupation of the trees on Thursday morning, the security guards for Massey Energy – the coal company who owns the Bee Tree Mine – have been blasting air horns mounted just below the sitters’ platforms. At night, the horns are accompanied by flood lights.
Contrary to Governor Manchin’s assertion in yesterday’s press conference that, “We will not in any way, shape or form in this state of West Virginia tolerate any violence against anyone on any side. If you’re going to have the dialogue, have respect for each other,” at least nine attempts to notify the state police by Blevins and other representatives of Climate Ground Zero have been met with silence.When the police arrived to arrest Smith, Blevins asked if they would help stop the noise. Massey security denied using horns; the police accepted this without further investigation and drove away with Smith. About ten minutes later, the air horns were turned back on. The police were shown the appropriate West Virginia legal statute, §61-3E-10, acknowledged the felony endangerment, and declined to take any action.
“Massey’s abuse of the tree sitters fits with the disregard they have shown for human life through their neglect of EPA regulations and worker safety laws,” said support team member Josh Graupera. Massey Energy has over 4,500 recorded violations of the Clean Water Act and the permitted site on which the sitters have occupied trees is one of two located near to the Brushy Fork Impoundment. Blasting near the dam imperils its foundations, and a frontal breach would, by Massey’s own estimate, result in 988 deaths.
Massey has accused the sitters in a formal statement of endangering workers on this site. The horns are certainly louder than 90 decibels, the legal threshold for unacceptably damaging. The West Virginia Office of Miners’ Health, Safety and Training handbook says “Many miners are exposed to loud and sustained noise levels. 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.”
The sitters’ resolve remains strong. With Climate Ground Zero and Mountain Justice, they are taking action to prevent mountaintop removal and its negative effects on the communities and environments of Appalachia. The sitters plan to remain in their trees for as long as possible, or until blasting is halted on the mountain. Coal River Mountain is one of the last intact mountaintops in the Coal River Watershed.
Governor Joe Manchin III speaks to journalists after issuing statements, along with coalfield residents, regarding a non-violent approach to dialogue on mountaintop removal coal mining. Photo by Cheshire/Climate Ground Zero
Together we made hundreds of phone calls yesterday to Massey Coal, flooding their phone lines asking them to stop abusing the tree sitters and stop blasting Coal River Mountain. We did a great job, but it wasn’t enough and we need to take the next step and get WV Governor Joe Manchin to make them stop.
Call Governor Manchin’s office and ask him to intervene in the violence against the sitters and support the end to mountaintop removal.
Governor’s office: 1-888-438-2731
Below are the details of what’s going on, we’re not providing a call script because it will have a much larger impact if people put their own thoughts into their call.
Please call – Governor’s office: 1-888-438-2731
Massey Coal continues to break the law, harassing the two remaining tree sitters with horns at dangerous decibel levels, likely to cause permanent ear damage. This act is violent and can be classified under West Virginia State Code as felony endangerment.
West Virginia state police have acknowledged the illegal nature of this act, but have done nothing in response to repeated pleas to state emergency numbers, state and federal Mine Safety and Health Administration, and other legal resources.
Yesterday, Governor Manchin said "We will not in any way, shape or form in this state of West Virginia tolerate any violence against anyone on any side." Massey air horns haven't stopped. In addition, the sitters overheard the guards talking on the radio about using fire-hoses as an abuse tactic. Getting sprayed with water in sub-freezing temperatures while 60 feet up in the tree would be outright deadly and would prevent them from being able to even safely descend.
This abuse must stop. Massey has proven itself to be a criminal corporation, both in it's policies towards the sitters and the people of the mountains. We need Governor Manchin to protect clean drinking water in West Virginia and nationwide. An end to mountaintop mining will protect the quality of life for Appalachian coalfield residents who face frequent and catastrophic flooding, heavy metals pollution and loss of freshwater streams as a result of mountaintop removal coal mining.
Read about Governor Manchin's statement yesterday on escalating violence in the coal fields on Coal Tattoo.
Read the day 5 update on Climate Ground Zero's website.
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Susan Reilly,
Debi Mellott, I have called . . . and called . . . and called again; as well as sent emails to Manchin as well as others . . . 'the squeaky wheel gets the most attention' . . . let's hope that old saying holds true now. Keep squeaking folks! ! !
xxxxxxxx,
Jim Steitz, Called today, told the staffer that the situation is getting dangerous and we need a time-out on MTR.
cheryl,
Carrie Grubb,
xxxxxxxx, Called today, hope you guys stop these criminals
Attila, Called on Wednesday. They said the police were out there, but I'm sure that's crap! Thank you folks, you are an inspiration! Defend the wild!
Give Massey a call and ask them to STOP blasting on Coal River Mountain and to STOP harassing the tree sitters!
Call and ask for Baxter Phillips, Massey President
1-804-788-1807
It’s been five days since authorities escorted Josh Graupera and Isabelle Rozendaal away from the Bee Tree site on Coal River Mountain where the two were supporting the ongoing tree sit against mountaintop removal. Since their arrest and incarceration for trespass and conspiracy, the two have been released from jail at a bail of $1,500 each, and not without special thanks to those who contributed donations at http://www.climategroundzero.org!
Climate Ground Zero activists and others are initiating a call-in to Massey Energy headquarters in Richmond today regarding the safety of the tree sitters and the overall dangers of MTR. More information is available at the end of this post.
Josh Graupera is a 19-year-old resident of Lancaster, PA, and has agreed to share some of his experiences about the action and his arrest. Josh explained the role he and Isabelle shared in the action was to “ensure the safety of the sitters, and communicate with first-responding security and police, making sure confrontations don’t escalate out of hand.”
In response to Massey Energy’s harmful abuse of the Coal River Mountain tree sitters, call Massey’s international headquarters Monday, Jan. 25, starting at 9 a.m. and demand they immediately stop illegally using noisemakers to harass the tree sitters.
Here’s a video that shows the noise and the banners from two miles away:
After four days 60 ft up in the air, the treesitters, David Aaron Smith, 23, Amber Nitchman, 19 and Eric Blevins, 28, are still going strong. Massey’s sleep deprivation by air horn isn’t making things easy, and the sleet, fog, mist, and rain aren’t helping either – but every time that people have talked to them, they sound upbeat and steadfast. The sitters plan to endure the discomforts created by Massey security and the weather and hold out for as long as possible to defend Coal River Mountain.
Instead of permanently ending blasting on Coal River, Massey is trying to harass the sitters into leaving using the sound machine, hitting the platforms with a rope, cutting down nearby trees and constant flood lights. Some of the harassment has stopped, but the sound machine continues, possibly causing permanent hearing loss. We need to call Massey’s international headquarters Monday, Jan. 25, starting at 9 a.m. and demand they immediately stop illegally using noisemakers to harass the tree sitters.
Can you call Massey?
Call Jose Alfaro, Office of the Chairman (Blankenship)
1-804-782-1628
If you can’t get through on that line, call the main switchboard (below):
The phone number is 804-788-1800 (Richmond, Va)
Ask for:
Don L. Blankenship
Baxter F. Phillips Jr.
Eric B. Tolbert
J. Christopher Adkins
Mark A. Clemens
Jeffrey M. Jarosinski
John M. Poma
M. Shane Harvey
Richard R. Grinnan
Steve Edgar Sears
The following is a sample script for the call:
Hi, I am calling to demand that Massey Energy halt blasting on Coal River Mountain and the abuse of the three tree-sitters occupying Massey's Bee Tree property. Security personnel have been incessantly blasting noise from an air horn to keep the tree-sitters awake. This puts both the sitters and the miners at the site at risk for hearing loss, and could be considered a felony under West Virginia state law. Also at risk are the lives of the 998 people who Massey predicts will be killed should the 8.2 billion gallon Brushy Fork Impoundment fail. To dynamite in the surrounding area is to gamble with the lives of the people of the Coal River Valley. The mountains of Appalachia soak up water and act as a water filtration system for millions of Americans inside of and surrounding Appalachia. To release toxins into Appalachia's waterways puts the health of these millions in jeopardy. Please stop this abuse of our forests and our health and halt the blasting..
Once you have made the call, please submit the form below to let us know. Thank you for standing up for our tree sitters and for Coal River Mountain.
Laura Anglim, I called the office of Jose Alfaro and was immediately transferred to the comment line, the same happened with the swtichboard. I left a messsage in support of the tree sitters & coal river mountain!
Maren Cooke, Didn't get word until after Monday morning, but I called in anyway -- left a voicemail telling them to see reason and step back from the blasting and from harassing the tree-sitters as well as endangering the people in the Brushy Fork watershed.
John Mayer, Hey, ain’t this hunting season for squirrel, rabbit and a lot of other animals. Ain’t there a law against making a lot of noise and disrupting hunting? Seems like somebody ought to prosecute.
kyle thiermann,
Peter F. Cannavo,
Kayla Ward, I kept being transferred and finally was sent to voicemail. I left the message above.
Holly Nolting, I called the initially suggested number and they put me on a message machine for this very issue- thus I had my say!
Julia Sendor, They are beyond lame! Entered my comment into the computer. I asked when the governor would see it, and the woman said he would "probably" check the computer database of comments during the day. I asked how I could be sure he looked at them, and she said there was no way. I asked if I could call back and see if he'd read the comments, and she said no one would know whether or not he had. Awesome transparency, accountability, and communication.
Barry O\'Keefe, I called and left messages expressing my concern about the abuse of the protesters and the blasting on Coal River Mountain and asking for both to be stopped immediately on Steve Edgar Sears, John Poma, Jeffrey Harosinski, and Baxter F. Phillips' phones.
Mark Ekdahl, I called and left a message on Alfaro's voicemail, since I didn't get this msg. till late at night in Arizona. I think its a great cause. I'm a college student and have taken Environmental Ethics class, which I think should be required for anyone who works in an energy field like this, just like communication is required, along with psychology, for a lot of Peace Officers. Coal mining, along with petroleum-fueled automobiles, is a technology that needs to be rapidly phased out not just for the environment and humankind, but for the future of the American economy! (And I know, I'm taking a world history class right now and learning about how stagnant, outdated technology usage led to the fall of the Indian and Chinese economies in the 18th century!). But first and foremost, what worries me most is flagging ethics of the Massey Company in lieu of a government that has practiced torture. In the message, I stated that I would like to share some ideas with Massey, like transitioning their resources to a "soft energy path" (wind, solar, geothermal, etc.). In fact, perhaps even as soon as 2010, our government will make a massive investment in such industries and provide incentive for Massey to change its course. But the moral incentive should be first and foremost. Be human. Treat others as you would have yourself treated--the golden rule behind all major religions, and in my opinion this especially applies to people who will go down as great Americans, alongside the abolitionists and suffragettes. Make no mistake, these persecuted American activists are the heroes of tomorrow's history textbooks, and it is because of such individuals, starting out in small groups, that all major positive changes in American history have occurred.
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.
