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Judge Blocks Further Protests Against Massey Energy Mountaintop Mining
CHARLESTON, W.Va. -- A federal judge has temporarily ordered a halt to mountaintop-removal protests that involve trespassing on Massey Energy property or interfering with any of Massey's operations.
U.S. District Judge Irene C. Berger granted Massey subsidiary Marfork Coal Co.'s request for a temporary restraining order against non-violent civil disobedience actions aimed at stopping its mountaintop-removal mining operations.
The order prohibits "trespassing or otherwise congregating" on mining property as well as "interfering, obstructing, blocking, impeding or tampering with" any mining properties in Southern West Virginia.
It applies specifically to five protesters who took part in a more-than-eight-day tree-sitting action and also to "their officers, agents, servants, employees, and attorneys, and those other persons who are in active concert or participation" with the named protesters.
Berger ruled that "the public has an interest in ensuring that property owners enjoy the exclusive use of their property" and that Massey was "being precluded from continuing its business of mining for coal" by the protesters.
The judge ruled that, "Even if the [court] assumes that Defendants have the right to call attention to any political or environmental cause, they have no right to unlawfully trespass upon the surface mine property."
Berger set her restraining order to run through 3 p.m. Feb. 10 and scheduled a hearing to consider Massey's request for a longer-term preliminary injunction for 1:30 p.m. Feb. 4 in U.S. District Court in Beckley.
A year ago Wednesday, Climate Ground Zero activists began their civil disobedience campaign against Massey with two actions that prompted 14 arrests, including those of five protesters who chained themselves to mining equipment at the Bee Tree operation, along Coal River Mountain in Raleigh County.
Police have made 150 arrests since the campaign began, but Massey lawyer Sam Brock argued in court papers that trespassing arrests would not deter more protests.
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14 Comments so far
Show AllSilly protesters... free speech is for corporations, not citizens. Why don't these people just give a few million dollars to their congressional representatives? That's what Massey does, and it works great!
Good idea. How much would it cost to purchase the whole kit-and-kaboodle? It stands to reason that the K Street parasites would work for the People if the price were right.
DC-CHP
YOU GO ! ! !
Didn't the judge get the message? The Supreme Court ruled that freedom of speech cannot be prevented. That should cover peaceful protests - unless, I guess, you are in West Virginia. Perhaps the protesters should start contributing to the judge's favorite charity.
Only Corporations are 'human' - us flesh and blood citizens are 'subjects' nowadays.
from the article:
'Berger ruled that "the public has an interest in ensuring that property owners enjoy the exclusive use of their property" and that Massey was "being precluded from continuing its business of mining for coal" by the protesters.'
private property...the animal that drives all others...into the grave...
'Berger ruled that "the public has an interest in ensuring that property owners enjoy the exclusive use of their property"
OK. Then Massey must ensure that property owners enjoy the exclusive use of their property, which would include the enjoyment of clean water out of the tap.
Oh, that's right. The law doesn't apply for regular people, only corporations and filthy rich scumbags.
Surely, Obama is behind this decision.
I wouldn't be the least bit surprised that the impetus for SCOTUS to act in an almost unprecendented manner to expand their decision in the Citizrens United case was requested by the Obama administration.
Sounds like Judge Berger runs a kangaroo court!
JFK "Those who prevent peaceful revolution make violent revolution inevitiable."
Myself I am a Peacenik
So what?
That's why it's called non-violent civil DISOBEDIENCE.
Now - go violate that f**king restraining order again, and again, and again...
Yeesh...
"the public has an interest in ensuring that property owners enjoy the exclusive use of their property"
This "right" is NOT absolute. A property owner does NOT have the right do so something with his property that will harm others, or make adjacent property useless or significantly less valuable. As for "exclusive use", yes, the tresspassing IS illegal, but I suspect that those doing so were aware of that.
This "activist" judge should provide his financial statements to public scrutiny. The inclusion of the word "impeding" in the order and extending it to officers of the court smells of a corporate boardroom (IMHO). To the letter of the law, this might prohibit a lawyer from seeking an injunction. Too bad the protestors don't have a friendly face in the DOT in order to weigh each and every truck that passes by and inspects for breaks and logs and tire tread...
private property is a capitalist invention, alien to the mountains and rivers of this continent.
Before europeans brought it, like they brought smallpox, there was no private property. Native Americans knew how to take care of this land and these mountains.
our legal system was made to protect capital interests. Mother Nature's laws say mountains are sacred, and may not be beheaded for capital gain.
I am just wondering which special interest groups are lining this judge's pocket...... actually I already know...Greedy right-wing Corporate REPUBLICAN PIGS....Sad, Very Sad
HURRAY for the protestors. It takes real guts to do what they are doing. And they are doing what they do for those of us who have no voice, for the poor people of the area that have no voice in this.
If this sort of thing doesn't get more attention, if we don't create a wave of dissidence, we are doomed.
I hope it's OK with CD but I am creating a headline notebook that I email to all my unconscious friends. I tell them, go to CD and read what's important to them and the world.
Is it working? Are we there yet? OF COURSE the judge was bought. DUH!!!!!