Posts Tagged ‘MTR’

CGZ Activist Sentenced to Maximum Fines in Jury Trial

Saturday, October 17th, 2009
posted by cgz-news

MADISON, W. Va. – October 15, 2009 – In the second jury trial of the Climate Ground Zero campaign, Mat Louis-Rosenberg appeared before Boone County Magistrate Byrneside to plead a necessity defense on counts of trespassing and conspiracy.

On May 23, Louis-Rosenberg and seven others were arrested after locking themselves down to rock trucks on Kayford Mountain, halting work for four hours. Appearing before a jury, Louis-Rosenberg faced the risk of up to 18 months in jail.

Despite hearing evidence that Louis-Rosenberg was never asked to leave the site, the jury convicted Louis-Rosenberg on both charges and, while not incarcerated, he was sentenced to the maximum penalties of $1,500 plus court costs which brought the total to over $2,700. Six other activists that participated in the lockdown plead no contest and received maximum fines and court costs of $1844. After trial, Louis-Rosenberg returned to Rock Creek to appear on a panel at the Mountain Justice Fall Summit, a weekend of service and education focused around ending the devastation of mountaintop removal.

In a statement before his trial, Louis-Rosenberg explained why he wished to appear before a jury. “This campaign, just like the civil rights movement and many other struggles for change, is founded on a strategy of non-violent civil disobedience. And just like the civil rights movement, it draws its strength and its power from the willingness of ordinary people to take extraordinary risks and sacrifices because of the strength of their beliefs.

“My conscience demands that I stand up in that court room and explain to the people of Boone County why I did what I did. I will not contest the facts of what happened, but rather assert my belief that what I did was right, that I was stopping a far greater crime than I was committing. And if I go to jail because of it, I know that I go as many have gone before me, in defense of my friends, this land and my convictions.”

***

Bookmark and Share

Senior March to Culminate at Mammoth Coal Company

Monday, October 12th, 2009
posted by Dea

Contact: Andrew Munn or Dea Goblirsch 304-513-4710
Email: news@climategroundzero.org

CEDAR GROVE, W.Va.- The Senior Citizens March to End Mountaintop Removal will culminate in a protest and press conference at Massey subsidiary Mammoth Coal Company on US-60, east of Cedar Grove, at 4:00 p.m. on Monday. Mammoth Coal Company is 25 miles from the march’s starting point at the state capitol in Charleston. At least 28 seniors between the ages of 50 and 88 will have put their feet to the pavement during the 25 mile walk, including Larry Gibson of Kayford Mountain and Jesse Johnson of the Mountain Party. Gibson and Johnson both spoke at march-associated events at the Unitarian Universalist Church of Charleston.

City of Belle police arrested two young people for deploying a banner off of the Walker CAT building in Belle, W.Va. on Saturday. The banner read “Yes, Coal Is Killing West Virginia Communities.” The two arrestees, Gabe Schwartzman, 19, and David German, 18, were released on the same day for $100 personal recognizance.

Several of the participants, including Herk McGraw, 75, and Sue Rosenberg, 62, are relatives of young people who have been arrested for acts of non-violent civil disobedience in the Climate Ground Zero campaign against mountaintop removal. Two of march co-organizer Roland Micklem’s daughters are among the marchers.

The senior citizens received training in nonviolence and conflict de-escalation Sunday night in preparation for potential confrontation at Monday’s protest.

Bookmark and Share

Second Day of Senior Citizens March to End MTR is a Success; Larry Gibson Speaks

Saturday, October 10th, 2009
posted by Dea

Nine senior citizens set out from Poorboy’s Market in Charleston’s East End at 11 a.m. this morning, marking the second day of their march protesting mountaintop removal. Walking five miles in the unseasonable hot sun, they broke only for lunch, served by Everybody’s Kitchen. The seniors ended at the intersection of Maple & DuPont in DuPont City.

three

Sarah Micklem, daughter of organizer Roland Micklem, was among the marchers. Sue Rosenberg, the mother of Climate Ground Zero’s Mat Louis-Rosenberg, and Zoe Beavers’ grandfather, Herk McGraw, also participated in today’s events.

The day culminated at the Unitarian Universalist Church of Charleston with dinner and a speech given by Larry Gibson, Kayford Mountain resident and founder of Keepers of the Mountains. The fiery sixty-three year old marched on Thursday.

The evening event was co-sponsored by the Student Environmental Action Coalition and the Charleston Adult & Youth Environmental Network.

The Senior Citizens March to End Mountaintop Removal will resume at Dupont & Maple at 12 a.m. Saturday morning.

Bookmark and Share

Boone County Courts Attempt to Stifle Dissent with Intimidation

Friday, July 24th, 2009
posted by deaexmachina



MADISON, W.Va.–Two activists arrested on May 23 at a protest on Kayford Mountain are facing up to eighteen months in prison, while five others were fined $1,844 each. They were all charged with conspiracy and criminal trespass.

After being denied a plea agreement, five of the defendants pleaded no contest and received a sentence from the magistrate. They were fined $1,000 for conspiracy, $500 for criminal trespass and $318.50 in court fees. In addition, the defendants were charged a $25 “arrest fee,” which covers the costs of the Boone County Sheriff Department doing its job.

“We were more or less backed into a corner at the hearing. Slow processing in the magistrate’s office meant almost no one had been able to speak with their public defender prior to the hearing, and three of us didn’t even have one because of poor scheduling by the public defender’s office,” said Kim Kirkbride, “With better legal services, we wouldn’t have had to accept this ridiculous fine.”

Mathew Louis-Rosenberg and Glen Scott David Collins, the defendants taking their trials to jury, intend to plead necessity, arguing that their action was crucial in preventing the greater crime of mountaintop removal.

“The miner who threatened to kill a 3 year old boy on Kayford Mountain walks free, while peaceful protesters are facing significant jail time,” commented Louis-Rosenberg, “From the recent Supreme Court decision allowing a second silo even closer to Marsh Fork Elementary School to the small county court we were in, it seems that the judicial system in West Virginia is more concerned with protecting coal companies than people.”

In the May 23 protest, the activists locked themselves to a five-story rock truck and displayed a banner saying “Never Again” for four hours before being removed by Boone County sheriffs and state police.

Visit the Mountain Justice website to donate to the legal fund and help the Kayford activists pay their fines and court fees.

Bookmark and Share

Senate Hearings on Mountaintop Removal Coal Mining and Water Quality in Appalachia

Monday, June 29th, 2009
posted by antrim




Senate Hearings on Mountaintop Removal Coal Mining, June 25, 2009 - Images by antrim caskey

Bookmark and Share

James Hansen: End Mountaintop Removal Coal Mining

Monday, June 22nd, 2009
posted by antrim

22 Jun 2009: Opinion

A Plea To President Obama: End Mountaintop Coal Mining

Tighter restrictions on mountaintop removal mining are simply not enough. Instead, a leading climate scientist argues, the Obama administration must prohibit this destructive practice, which is devastating vast stretches of Appalachia.

by James Hansen


At 11:36 am on an April morning in 2006, Larry Gibson and his beloved Dog, stand at the edge of his property on Kayford Mountain, just a massive diesel fueled blast implodes yet another piece of this precious place. ..Kayford Mountain has been the home to Gibson’s family since the turn of the 20th century and the coal companies have vowed to take all the rich low sulfur coal that lies beneath Gibson.  photograph (C) antrim caskey, 2006

President Obama speaks of “a planet in peril.” The president and the brilliant people he appointed in energy and science know that we must move rapidly to carbon-free energy to avoid handing our children a planet that has passed climate tipping points.

The science is clear. Burning all fossil fuels will destroy the future of young people and the unborn. And the fossil fuel that we must stop burning is coal. Coal is the critical issue. Coal is the main cause of climate change. It is also the dirtiest fossil fuel — air pollution, arsenic, and mercury from coal have devastating effects on human health and cause birth defects.

Recently, the administration unveiled its new position on mountaintop coal mining and set out a number of new restrictions on the practice in six Appalachian states. These new rules will require tougher environmental review before blowing up mountains. But it’s a minimal step.

The Obama administration is being forced into a political compromise. It has sacrificed a strong position on mountaintop removal in order to ensure the support of coal-state legislators for a climate bill. The political pressures are very real. But this is an approach to coal that defeats the purpose of the administration’s larger efforts to fight climate change, a sad political bargain that will never get us the change we need on mountaintop removal, coal or the climate. Coal is the linchpin in mitigating global warming, and it’s senseless to allow cheap mountaintop-removal coal while the administration is simultaneously seeking policies to boost renewable energy.

Mountaintop removal, which provides a mere 7 percent of the nation’s coal, is done by clear-cutting forests, blowing the tops off of mountains, and then dumping the debris into stream beds — an undeniably catastrophic way of mining. This technique has buried more than 800 miles of Appalachian streams in mining debris and by 2012 will have serious damaged or destroyed an area larger than Delaware. Mountaintop removal also poisons water supplies and pollutes the air with coal and rock dust. Coal ash piles are so toxic and unstable that the Department of Homeland Security has declared that the location of the nation’s 44 most hazardous coal ash sites must be kept secret. They fear terrorists will find ways to spill the toxic substances. But storms and heavy rain can do the same. A recent collapse in Tennessee released 100 times more hazardous material than the Exxon-Valdez oil spill.

If the Obama administration is unwilling or unable to stop the massive environmental destruction of historic mountain ranges and essential drinking water for a relatively tiny amount of coal, can we honestly believe they will be able to phase out coal emissions at the level necessary to stop climate change? The issue of mountaintop removal is so important that I and others concerned about this problem will engage in an act of civil disobedience on June 23rd at a mountaintop removal site in Coal River Valley, West Virginia.

Experts agree that energy efficiency and carbon-free energies can satisfy our energy needs. Coal left in the ground is useful. It holds up the mountains, which, left intact, are an ideal site for wind energy. In contrast, mountaintop removal and strip mining of coal is a shameful abomination. Mining jobs have shrunk to a small fraction of past levels. With clean energy, there could be far more, green-energy jobs, and the government could support the retraining of miners, to a brighter, cleaner future.

Politicians may have to make concessions on what is right for what is winnable. But as a scientist and a citizen, I believe the right course is very clear: The climate crisis demands a moratorium on new coal-fired power plants that do not capture and safely dispose of all emissions. And mountaintop removal, providing only a small fraction of our energy, should be permanently prohibited.

President Obama remains the best hope, perhaps the only hope, for real change. If the president uses his influence, his eloquence, and his bully pulpit, he could be the agent of real change. But he does need our help to overcome the political realities of compromise.

We must make clear to Congress, to the EPA, and to the Obama administration that we the people want mountaintop removal abolished and we want a move toward a rapid phase-out of coal emissions now. The time for half measures and caving in to polluting industries is over. It is time for citizens to demand — yes, we can.

Bookmark and Share

Democracy Now: We All Live in the Coalfields

Friday, May 29th, 2009
posted by antrim

“We All Live in the Coal Fields”: West Virginians Step Up Protests as EPA OKs New Mountaintop Removal


Bookmark and Share

Activists hang “EPA stop MTR” banner on Massey mine, arrested

Thursday, April 16th, 2009
posted by whiskers

banner_drop1SUNDIAL, W.Va. – Three activists, who are committed to nonviolently ending mountaintop removal, unveiled a 40-foot-tall banner that said “EPA stop MTR” at Massey Energy’s Edwight mountaintop removal mine. Five people were arrested: the three activists Charles Suggs, Madeline Gardner, and William Wickham, and independent photojournalist Antrim Caskey and independent filmmaker Jordan Freeman. The activists chose the Edwight mine because Massey has recently begun blasting directly above the town of Naoma, W.Va., and the grave danger its slurry dam poses to Marsh Fork Elementary. This is the fifth in a series of such actions over the last 3 months that Climate Ground Zero has taken against Massey Energy and mountaintop removal coal mining.

“With the EPA seemingly considering actually doing its job, we believe they will realize that mountaintop removal is illegal and put a stop to it,” Mathew Louis-Rosenberg said, referencing the five mountaintop removal permits EPA has put on hold for review in recent weeks.

Police arrested the activists and charged them with trespassing.

“Mountaintop removal is killing people and the the blame lies with the people who let it happen, from the politicians, to the out-of-state mining and land companies, to the DEP and EPA who should have never even let this start,” activist Charles Suggs said. “People’s water is getting poisoned by coal slurry, the blasting shakes dishes off the walls and cracks foundations and the rubble buries what makes West Virginia great.”

Marsh Fork Elementary is just two miles from the site of the arrests. It sits less than three-hundred feet from a coal loading silo, where chemically treated coal is loaded onto idling diesel trains, exposing the children to fine, chemical-laden coal dust and diesel fumes.

Marsh Fork Elementary is also directly below a Massey Energy coal sludge impoundment, holding over two billion gallons of coal sludge. Sludge is liquid waste from the coal washing process that is pumped into a dam built into a small valley. Mine Safety & Health Administration inspector Jim Elkins cited Massey in 1999 for improper construction of the dam above Marsh Fork Elementary.

Massey was building the dam in layers up to 10 feet thick between compacting the refuse, which makes proper compaction impossible. Without proper compaction the dam could fail, sending a tsunami of coal sludge through the school and communities downstream. “If the dam failed, fatalities would be expected to occur,” Elkins wrote in his report. “It’s reasonably likely an accident would occur if the condition continued to exist.”

There’s no record the faulty construction was ever fixed.

The Edwight Surface mine, above Naoma and Marsh Fork Elementary school, is a glaring example of everything that is wrong with mountaintop removal mining and coal processing, according to Climate Ground Zero. This banner was dropped to highlight for the EPA what could happen if mountaintop removal coal production is allowed to expand, threatening more schools and blasting above more homes, they said. “This act is a message to the EPA to do the responsible thing, and use its power to stop mountaintop removal mining,” activist Will Wickham said.

Bookmark and Share

WVPBS: Manchin says he had nothing to do with Blair Mountain decision

Wednesday, April 8th, 2009
posted by antrim


West Virginia Governor Joe Manchin, III at the state Capitol. photograph (c) antrim caskey, 2006

West Virginia Governor Joe Manchin, III at the state Capitol. photograph (c) antrim caskey, 2006


April 7, 2009 · Gov. Joe Manchin says he and his office were not involved in the decision to ask that Blair Mountain be removed from the National Register of Historic Places.

In fact, he says he was surprised to learn that the Division of Culture and History had asked for the historic battlefield to be taken off the list.

The National Park Service added Blair Mountain to the National Register of Historic Places last week.

read entire story

Bookmark and Share

Roselle: Jailed and Released

Thursday, April 2nd, 2009
posted by antrim
Sgt. M.A. Smith fingerprints Mike Roselle, April 2, 2009, in Beckley, WV.

Sgt. M.A. Smith fingerprints Mike Roselle, April 2, 2009, in Beckley, WV. photograph (c) antrim caskey, 2009

Rock Creek, WVa — Yesterday morning State Trooper Bowers pulled up in front of our Rock Creek office and honked his horn. He doesn’t usually come to the door. “How can I help you?” I ask.

“Sgt Smith wants you to meet him at 1:00 at his office in Whitesville” he says.

“Can you tell me what this concerning?”

“No” Officer Bowers replies, and slowly drives off.

In Sgt. Smith’s office I am informed that the Magistrate has put out an arrest warrant on me and that he will have to take me into custody and drive me to Beckley. After a short conversation, we agree that I can surrender myself the next day at 9:00 AM in Beckley and I went home.

This morning at nine I met Sgt. Smith at the State Police headquarters and was fingerprinted and taken into custody. He drove me to the Magistrate’s office where I met Mr. Massie in the lobby. When he saw me he said to Sgt. Smith, “I’d be happy to put him in the holding cell.”

He gave the keys to Sgt. Smith and he locked me up in the holding cell with one other poor fellow chained at the waist and foot. I said down on the cold steel bench and waited for my chance to see the Magistrate.

Sgt. Smith unlocked the cell door 10 minutes later and took me to see Massie.

Massie immediately began to scold me for missing my last scheduled appearance in front of him and laid down the law: $500 bond, no contact with Massey Energy, no leaving the state, bla, bla, bla… I said “Your Honor, I cannot accept these conditions”.

“Then you’re going to jail” he replied, and Sgt. Smith put handcuffs on me and the Magistrate left the chambers.

Twenty five minutes later Massie returns with a slip of paper in his hand and without looking at me asks again, “So, you’re not going to sign this release?”

“No sir, I cannot.” That was my final answer. Then things happened very quickly. Massie hands me and Officer Smith a copy of Judge Kirkpatrick’s order to release me with a warning not to do anything prohibited in the order or I would face arrest. Then he turned quickly and exited his chambers.

I did not get a chance to reply.

Sgt. Smith motioned with his key so I held my hands up and he retrieved his handcuffs. Then he left through the back door and I was standing in an empty courtroom holding a piece of paper.

I ask you, is this justice.

Bookmark and Share