Non-violent Civil Disobedience in Coal River Valley, WV: Seventeen Arrested in Three Separate Actions
May 23, 2009: Coal River Valley, WV More than seventy-five residents of the Coal River Valley and members of a coalition that includes Mountain Justice and Climate Ground Zero picketed the entrance to Massey Energy’s Marfork mining complex today at noon. Seven people were arrested. The actions were in protest of the company’s plans to blast 100 feet away from the Brushy Fork coal sludge impoundment.
The demonstration began with a prayer and sermon by Bob “Sage” Russo of Christians for the Mountains. Referencing the Sermon on the Mount, he called upon citizens to be stewards of the Earth and to move towards sustainable, stable jobs.
Protestors stood in front of the gates of the mine facility with signs including “7 billion spilled, 998 killed.”
“Passersby on Route 3 were overwhelming supportive with honks, waves, and thumbs up signs,” Rock Creek (Raleigh County) resident Julia Sendor said.
During the protest, seven people approached the entrance to the dam facility and the Whitesville detachment of the West Virginia State Police asked them to leave. When the seven refused, the State Police arrested them. Dispatchers say the activists were sent to the Southern Regional Jail near Beckley, but that information has not been confirmed. Bail was reportedly set at $2,000 per person.
After the arrests, former U.S. Congressman Ken Hechler, a longtime opponent of strip mining, gave a speech. He underscored the responsibility of citizens to safeguard their freedoms and stand up for their rights.
The protest came just hours after activists carried out two non-violent direct actions to protest mountaintop removal and coal sludge impoundments.
This morning, at the Marfork facility, two people wearing hazmat suits and respirators were arrested after boating onto the Brushy Fork impoundment and floating a banner that read, “No More Toxic Sludge.” State Police charged the activists with littering and misdemeanor trespass and transported them to the Southern Regional Jail. Their bail has been set at $2,000.
At another action, six activists hung a “Never Again” banner and chained themselves to a massive dump truck on a Patriot Coal-owned mountaintop removal mine on Kayford Mountain. State Police arrived on site to find three people chained to the main axle of the truck and three others chained outside the truck’s cab. The police removed the six activists, who, along with two others supporting them, were transported to the Madison County Courthouse, where they were reportedly processed and released.
The toxic lake at Brushy Fork dam sits atop a honeycomb of abandoned underground mines. Massey Energy’s own filings with the state Department of Environmental Protection project a minimum death toll of 998 should the seven-billion-gallon dam break. Floodwaters would reach 38.78 feet in height in the town of Peytona, 26.61 miles downstream, within three hours and fifteen minutes of breakage.
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May 26, 2009: BECKLEY, W.Va. – Seventeen mountaintop removal activists had no choice but to enforce the laws since all administrative remedies have been exhausted, said some of the activists and supporters at a press conference today. The four still-jailed activists were released on their own recognizance by Judge Burnside shortly after the press conference, which was held on the Raleigh County Courthouse steps.
“I’ve lived in West Virginia most of my life. I’m sick and tired of big business and the corrupt government telling us what to do,” began Sid Moye of Mercer County, who participated in the Picket at Pettus. “They come in and they can take our land, they can ruin our water and they can take our resources. It’s not right and somebody has to do something about it so we do the little things that we can.”
Eric Blevins, also arrested in the Pettus action, said, “I asked the officer arresting me if Massey is going to be allowed to blast near the dam and he didn’t want to talk about it. I asked him, doesn’t he have a responsibility to enforce the law, and he said ‘Not those laws.'”
“We locked down on the Kayford mountaintop removal site with mud from Mingo County on our boots,” Ashlee Henderson said in a statement from the Kayford 8, “After we were arrested we had the dust remains from Kayford Mountain added to that mud.”
“Just because a mining permit is applied for,” Debbie Jarrell of Rock Creek, Raleigh County asked the crowd, “Is there a law that states that it has to be granted? If there’s a cleaner way to develop energy, such as the Coal River Wind Project, should we not take advantage of it?”
Matt Louis-Rosenberg pointed out the absurdity of the littering charges for the two individuals on the Brushy Fork Dam and the $2,000 bail for each of the protesters. He contrasted the bail rate with the $1,800 fine Massey paid in 1999, when 14.5 miles of the Coal River were blackened with slurry and the $15,000 A & G Coal paid for the death of three year old Jeremy Davidson outside of Appalachia, Virginia in 2004.
“It was extremely unjust that the magistrate illegally posted such a high bail, when our maximum fine was only one hundred dollars,” said Laura Steepleton of the Pettus 7, who was released this afternoon. “He justified his statement by telling us that we had no ties to the area. As a human being and a citizen of this country I do not only have a tie to this area, but a responsibility to ensure security for these mountains and the safety for the people of this beautiful community.”