Posts Tagged ‘tro’

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


####

Bookmark and Share

Judge Berger Grants Federal Injunction

Friday, February 26th, 2010
posted by mat
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.

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.

You can read the opinion here.

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.


Bookmark and Share