Posts Tagged ‘noise violation’

Climate Ground Zero Meets With Governor Manchin

Thursday, January 28th, 2010
posted by norag

Climate Ground Zero Meets with Governor Manchin
FOR IMMEDIATE RELEASE

Contact: 304-854-7372, news@climategroundzero
Note: For more info, see:www.climategroundzero.org, www.mountainjustice.org

January 28, 2010

CHARLESTON, WV – Responding to national pressure over the treatment of tree sitters on Coal River Mountain, West Virginia Governor Joe Manchin asked Climate Ground Zero for an emergency meeting. This morning Roland Micklem, 81, and other group members told the Governor that the civil-disobedience campaign won’t stop until mountaintop removal does. They reminded the governor that the campaign is strictly non-violent, and asked the governor to protect activists from threats of violence by Massey Energy and other coal companies.

“The governor attempted to steer the conversation away from the more massive crime of MTR,” said Micklem. “We are here to oppose mountaintop removal mining, which is a crime. Massey Energy has committed any number of illegalities. We will continue non-violent civil disobedience in order to stop it.”

Today is the eighth day that Eric Blevins, 28, and Amber Nitchman, 19, continue to peacefully occupy trees to prevent blasting near Massey Energy’s Bee Tree strip mine on Coal River Mountain. They are preventing Massey from blasting near a sludge dam that endangers downstream communities.

The sitters have faced constant harassment from Massey Security in the form of air horns, bright lights and violent threats. The meeting resulted in a temporary moratorium on the use of the air horns and flood lights, but the sitters remain worried about the possibility of other, more dangerous, methods of harassment.

Governor Manchin recently came out against violence between the opponents and proponents of mountaintop removal mining after a meeting with coalfield residents about the effects of that type of mining.

In response to news of the harassment, hundreds of people from all over the country called Massey Energy, and then Governor Manchin to express their displeasure with his continued support of mountaintop removal mining, and to pressure him to stop the auditory abuse of the tree sitters. “The massive call-ins to the Governor and Massey Energy this week came from all over the country; mountaintop removal is a national issue with national consequences – the coal companies cannot continue to treat central Appalachia like their own personal playground,” said David Aaron Smith, one of the sitters who had to come down Monday.

Today Manchin stated: “Even if we disagree, I believe we can walk away respecting each other but everyone—including activists and property owners—must do so within the letter of the law.” Activists acknowledge that they are taking part in civil disobedience in response to legal violations committed by mining companies. In the debate with Robert Kennedy Jr last week, Massey CEO Don Blankenship said “I doubt it’s possible [to do mountaintop removal] without having a single violation at a single time.”

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W.Va. Governor condemns violence, but allows abuses to continue

Wednesday, January 27th, 2010
posted by sophie

Governor Joe Manchin III speaks to the press while Bo Webb and Judy Bonds, local activists, and Dr. Ben Stout, a biology professor at Wheeling Jesuit University, linger and converse in the background. Governor Manchin emphasized the importance of a respectful, non-violent dialogue about the issues of mountaintop removal in his meeting with local residents and activists Monday night. Photo by Cheshire/Climate Ground Zero.

Contact: Climate Ground Zero, 304-854-7372 or news@climategroundzero.org

Pettus, W. Va.–This Monday, January 25, W.Va. Governor Joe Manchin held a summit with several opponents of mountaintop removal, including well-known local activists Judy Bonds and Maria Gunnoe, and Dr. Michael Hendryx, a researcher whose studies have concluded that the health costs of coal are greater than the profit it brings in.  After the meeting, Manchin, a coal supporter, stated, “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.”

Meanwhile on Coal River Mountain, Eric Blevins, 28, and Amber Nitchman, 19, continue to peacefully occupy trees on Massey Energy’s Bee Tree strip mine to halt Massey’s blasting near a sludge dam that endangers the community. While the tree sitters conduct this non-violent protest of mountaintop removal, they face constant harassment from Massey Security. The security personnel have been blasting five airhorns just below the sitters’ platforms to force the sitters to descend.  At one point, security personnel tied a rope to a thinner tree next to the one occupied by Nitchman, and repeatedly pulled and released the rope so that it would hit the bottom of Nitchman’s platform. Discussion of spraying the sitters with firehoses has been heard over two-way radios.  The police have been shown the appropriate West Virginia legal statute, §61-3E-10, have acknowledged the felony endangerment,and have declined to take any action. Prosecutors and Manchins’ office have also refused to act after being notified of the situation and the laws that Massey is breaking.

On Tuesday, hundreds of people called Governor Manchin’s office and asked that he put an end to Massey’s abuses.  Thus far, he has not responded. Many are infuriated by the discrepancy between Manchin’s promises and the violence that Massey continues to perpetuate. “On January 25, Governor Manchin promised all of West Virginia that violence will not be tolerated,” local activist Judy Bonds said. “On January 26th, I and others called the Governor to ask that he step up to the plate to stop the abuse and violence to two peaceful tree sitters, but the Governor has not kept his promise.”

“The abuse continues as soon as the police leave, which sends a strong message to all abusers that it’s okay as long as you don’t get caught,” said Vernon Haltom of Coal River Mountain Watch. “Governor Manchin’s inaction speaks far louder than his promises. If he hopes to restore citizens’ faith that he meant what he said, he needs to take strong action to stop the violence now.”

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Call Gov Manchin to Save the Mountains and Stop the Harassment of the Sitters

Tuesday, January 26th, 2010
posted by brast



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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mafs4287,
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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!

Karen Orchard,




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Call Massey and Demand a Stop to Their Illegal Abuses

Sunday, January 24th, 2010
posted by sophie

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.

For more background, please see the initial tree sit press release.

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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.

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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

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