Say No to Massey Intimidation

Dear Friends,

As many of you know, the Coal River Valley has become ground zero for a direct civil disobedience campaign to end mountaintop removal. Over the past three months, brave activists carried out five separate actions on mountaintop removal sites operated by Massey Energy, blocking roads, locking down to equipment and hanging banners.  You can read about these actions and see pictures and video here, here, here, here, and here.  

Massey's lawyers are now trying to intimidate folks and squash the rising tide of resistance to MTR. After the first three actions, Massey sought and obtained a Temporary Restraining Order (TRO) barring those already arrested from interfering with Massey's operations in any way or assisting others to do so. But the order went further declaring that the restrictions applied to “all other persons allied, associated, confederating, conspiring, or acting in concert with them” and indeed anyone who ever finds about the TRO. You can read the TRO here (the good stuff is on page 5). This means you too are restrained! You are now enjoined from interfering with Massey Energy anywhere in the United States.

This may seem ridiculous--and it is--but the Massey lawyers are trying to make it stick. They have moved to find 11 activists in contempt of court for violating the TRO, even though 9 of us were not listed on the order. The other two defendants are Antrim Caskey, a photojournalist covering the action campaign, and Mike Roselle, who has not engaged in direct actions since the TRO was issued. They are alleging he violated the order by “recruiting” others for actions. They are requesting that we be ordered to pay them “compensatory damages” or $5,000 per person whichever is greater as well as their court costs and that we be jailed until we swear in open court that we will never violate any such court order again. They are also demanding we turn over all photographs and videos of the actions, prevent their publication as best we can, and give them any money made from their sale or distribution!

We have responded by filing a motion to vacate--get rid of--the TRO because it essentially restrains the entire world and we're pretty sure you can't do that. Just as the devastating effects of mountaintop removal mining and the global warming caused by the burning of coal effects us all, so do attempts to silence dissent and attack those that stand up for what is right.  Please sign this (LINK) letter to stand in solidarity with us against these attempts to silence dissent and those who take a stand against mountaintop removal.  Know that we are staying strong, unintimidated, and that the fight to save the mountains, the communities of Appalachia and this earth continue unabated. Thank you for all the support you give us; we cannot do this without you.

In Solidarity,

Climate Ground Zero

To keep up with the latest news from the campaign and donate visit: www.climategroundzero.org.

Dear Friends,

As many of you know, the Coal River Valley has become ground zero for a direct civil disobedience campaign to end mountaintop removal. Over the past three months, brave activists carried out five separate actions on mountaintop removal sites operated by Massey Energy, blocking roads, locking down to equipment and hanging banners.  You can read about these actions and see pictures and video here, here, here, here, and here.  

Massey's lawyers are now trying to intimidate folks and squash the rising tide of resistance to MTR. After the first three actions, Massey sought and obtained a Temporary Restraining Order (TRO) barring those already arrested from interfering with Massey's operations in any way or assisting others to do so. But the order went further declaring that the restrictions applied to “all other persons allied, associated, confederating, conspiring, or acting in concert with them” and indeed anyone who ever finds about the TRO. You can read the TRO here (the good stuff is on page 5). This means you too are restrained! You are now enjoined from interfering with Massey Energy anywhere in the United States.

This may seem ridiculous--and it is--but the Massey lawyers are trying to make it stick. They have moved to find 11 activists in contempt of court for violating the TRO, even though 9 of us were not listed on the order. The other two defendants are Antrim Caskey, a photojournalist covering the action campaign, and Mike Roselle, who has not engaged in direct actions since the TRO was issued. They are alleging he violated the order by “recruiting” others for actions. They are requesting that we be ordered to pay them “compensatory damages” or $5,000 per person whichever is greater as well as their court costs and that we be jailed until we swear in open court that we will never violate any such court order again. They are also demanding we turn over all photographs and videos of the actions, prevent their publication as best we can, and give them any money made from their sale or distribution!

We have responded by filing a motion to vacate--get rid of--the TRO because it essentially restrains the entire world and we're pretty sure you can't do that. Just as the devastating effects of mountaintop removal mining and the global warming caused by the burning of coal effects us all, so do attempts to silence dissent and attack those that stand up for what is right.  Please sign this (LINK) letter to stand in solidarity with us against these attempts to silence dissent and those who take a stand against mountaintop removal.  Know that we are staying strong, unintimidated, and that the fight to save the mountains, the communities of Appalachia and this earth continue unabated. Thank you for all the support you give us; we cannot do this without you.

In Solidarity,

Climate Ground Zero

To keep up with the latest news from the campaign and donate visit: www.climategroundzero.org.

To the Honorable Judge Burnside:

I am writing to express my concern over the Temporary Restraining Orders issued in Civil Action Nos. 09-C-187-B, 09-C-188-B, 09-C-189-B, 09-C-207-B, 09-C-210-B, Alex Energy et al v. Caskey et al and Goals Coal et al v. Gorman et al. I was alarmed to discover that, as the orders are currently written, I am subject to these orders simply by virtue of being aware that they exist. I am deeply concerned that I have been involved in this court order despite having taken no actions against the plaintiffs or violating any West Virginia laws. I strongly suspect this is unconstitutional and I ask that you vacate these restraining orders.