Wild Idaho Rising Tide: Upcoming Megaloads Protests Hearings & Trial

FOR IMMEDIATE RELEASE

August 26, 2012

 

Contact: Helen Yost, Wild Idaho Rising Tide

P.O. Box 9817, Moscow, Idaho 83843

WildIdahoRisingTide.org & on facebook

208-301-8039

 

Megaload Protester/Monitor Hearings & Trial

On Monday, August 27, at 4 pm, in the Latah County Courthouse (522 South Adams Street, Moscow), Judge John Judge will preside over a jury pre-trial and motion hearing addressing pending charges against Helen Yost for allegedly throwing a protest sign at a vehicle and air-kicking (attempting assault or battery?) in the direction of a police officer, while the last ExxonMobil/Imperial Oil tar sands megaload crossed Moscow on March 6.  At a June 13 motion in limine hearing, attorney Ben Onosko representing Helen argued that the Moscow city laws under which she was cited for throwing an object at a highway vehicle do not define a module hauled on a vehicle but only describe vehicles and people in vehicles, suggesting that her charge be dropped.  Prosecutor Rod Hall and the judge countered that Idaho state law clearly delineates vehicles, loads carried on such conveyances, and persons in vehicles and that Moscow city codes are subordinate to state laws.

The court issued a decision denying the defendant’s motion to dismiss the misdemeanor citation, but the prosecution re-opened a previously time-limited offer to drop the attempted battery charge if Helen would plead guilty to the sign-throwing violation.  (For more information about this June hearing and motion, listen to the KRFP Radio Free Moscow Evening Report on Wednesday, June 13, between 6:44 and 5:18 at http://radiofreemoscow.org/2012/06/20120613/.)  The case is scheduled for a jury trial on September 14, but Ben has negotiated a pre-trial change in terms and resolution.  At this Monday’s 4 pm hearing, Helen will plead guilty to disturbing the peace instead of throwing an object at a vehicle, and the court will dismiss her attempted battery citation.  Like Cass Davis and Jim Prall, she will present for court records a statement explaining her intentions for her actions and their context.  Please consider supporting Helen with your hearing attendance, as she affirms our shared community motivations for non-violent civil disobedience to obstruct the largest climate-wrecking industrial project on Earth.  She will also request a jail sentence rather than a fine for bouncing an assertive but harmless six-ounce foam-board sign reading “If one oil company is successful, many more will follow. ~Port of Lewiston” off a 425,000-pound aggressive and violent piece of tar sands processing equipment (see attached photo).  Whether David’s stone ultimately toppled Goliath on Highway 95 remains to be seen (with plenty of breaking information about this later!).

Meanwhile in Kootenai County Court in Coeur d’Alene, on November 18, 2011, a prosecutor dismissed Sharon Cousins’ August 27, 2011, infraction of parking a vehicle on a controlled-access highway, and Judge Robert Caldwell ruled during an April 11, 2011, infraction court trial against Helen’s citation of failure to use a vehicle safety restraint (seat belt).  Both charges resulted from Idaho State Police (ISP) officer Ronald Sutton approaching Sharon’s SUV stopped along Highway 95 about ten miles south of Coeur d’Alene, as four women monitored a megaload that had encountered a 150-person protest and six arrested blockaders on the previous night.  The ISP trooper requested IDs from all of the vehicle passengers and accused Helen Yost and Cici Claar of resisting or obstructing an officer and arrested and jailed them.

In a misdemeanor pre-trail hearing on February 17, Spokane attorney Karen Lindholdt presented a motion to suppress Claar’s and Yost’s obstruction charges, as the arresting officer had no lawful reason, besides unwarranted parking and seat belt infractions, to ask for the passengers’ IDs.  Idaho state troopers consequently violated both defendants’ Fourth Amendment protections against illegal search and seizure.  Although Cici has since dropped her case and Kootenai County Judge Caldwell dismissed the suppression motion, Moscow lawyer Ben Onosko has substituted counsel on Helen’s lawsuit and, after numerous requests for discovery of the prosecution’s evidence, will propose at 10:30 am on September 5 that Judge Caldwell reconsider his decision to reject the defendant’s earlier motion to suppress and/or dismiss her obstruction charges.  If this pre-trial conference and trial does not attain success, megaload monitors and our regional resistance community anticipate plenty of prevailing arguments concerning civil liberties, constitutional case law, and corporate police states at Helen’s ensuing full jury trial in Coeur d’Alene at 8:30 am on September 17, the anniversary of Occupy (the megaload routes!).

Coal Export Action Media: Determined Anti-Coal Activists Occupy Montana Capitol

Determined Anti-Coal Activists Occupy Montana Capitol

Day one: Week of protest actions planned to halt coal exports

HELENA—In a bold action against coal exports, today 100 chanting climate activists marched inside Montana’s Capitol to deliver letters and launch an eight-day protest to prevent coal mining and international coal exports from Montana’s Powder River Basin. After a rally that featured Montana author and poet, Rick Bass, the group marched into the Capitol and announced plans to occupy the public space to draw attention to the issue.

The Coal Export Action protests, sponsored by the Montana-based Blue Skies Campaign, will stretch from today until August 20 and end with a Citizens’ Land Board meeting. The group intends to prevent the Montana Land Board from offering final approval to mine Otter Creek coal tracts, which would require the construction of the Tongue River Railroad (Tongue River 1) and prepare the region for further coal extraction. Montana’s Department of Environmental Quality (DEQ) expects a permit application this month from Arch Coal, leaseholder for the Otter Creek tracts, near Ashland.

“Today we are here to demonstrate mass citizen opposition to big coal corporations’ dirty plan to export millions of tons of Powder River basin coal each year to the international energy market,” said Lowell Chandler, a construction worker and volunteer with Blue Skies Campaign. “We’re here to pressure the state Land Board to stand with us against these massive coal export proposals.”

The economic, health and environmental impacts of coal exports from Montana have been the subject of recent controversy across the west, as new international terminals in Oregon and Washington would have to be built to accommodate the global energy trading scheme. As coal-fired power plants in the United States continue to be retired by the dozens each year, the demand for coal in the U.S. is in decline. Major coal companies like Arch Coal have indicated intentions to develop future markets in China, far outside of U.S. environmental regulations.

“As Montanan’s we have to ask ourselves what the future holds for the Last Best Place. We’ve already gone down the path of blind resource extraction, just look at Butte,” said Chandler. “We don’t want to be an Asian coal colony so the biggest coal companies in the world can reap massive profits.”

“We are confident that once the full environmental, health and long-term economic effects of coal exports are assessed, the negatives will far outweigh the positives,” said Nick Engelfried, an organizer with the Blue Skies Campaign. “Some Land Board members have voiced their support for the coal export developments before this review process has even began.”

The bold actions in Helena this week have attracted the support of several international rights groups, including 350.org, Rainforest Action Network, Rising Tide North America and Greenpeace. The groups understand that new coal mining operations in the Powder River Basin could open the floodgates to massive coal exports, which threaten water, public health, and climate stability.

“There are a few crucial chokepoints on this planet, where we have some cance of staunching the endless flow of carbon into the atmosphere,” said Bill McKibben, founder of 350.org.  “And on that list, none may be more important than Montana.”

Each of the eight days of action will highlight and inform the public by focusing on individual issue areas, spanning from regional economic impacts to public process and alternatives to coal energy for the future.

For more details, please contact Kerul Dyer at kdyer@ran.org or call (415) 866-0005.

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Support the Hobet 20! Anti-mountaintop removal activists held on $500,000 combined bail

Following Saturday’s historic shutdown of the Hobet mine — Appalachia’s largest mountaintop removal site– Dustin Steele and at least nineteen other Appalachians and allies are being held on $25,000 bail each — a combined $500,000.*  Most are being charged with trespass and obstruction.

Donate to the Hobet 20’s legal fund here.

While we believe that these bail amounts are unconstitutionally excessive and may ultimately be reduced, we need to raise as much money as we possibly can to support those brave individuals who have put their bodies on the line to put a halt to the injustice of mountaintop removal mining.  According to Dustin, he was taken into a room and beaten by law enforcement while in custody.  Witnesses have reported that other protesters were brutalized by law enforcement while being taken into custody.  We need to work to ensure that anyone who wants to get out of jail can do so as soon as possible.

Mountaintop removal is a crime against humanity that has left a legacy of poisoned air and water, high cancer rates, economic exploitation, and devastated communities and ecosystems throughout Appalachia.   Corrupted legislators and regulators at the state and federal levels have failed to take action to stop these atrocities, leaving direct action as the last resort for conscientious residents aiming to save the land and people of Appalachia.

Please check www.rampscampaign.org for updates as we receive additional information about our friends in custody.

Mountain Mobilization shuts down largest mountaintop removal mine

FOR IMMEDIATE RELEASE
July 28, 2012

Contact: Charles Suggs, 304-449-NVDA (6832), media@wg.rampscampaign.org
Talking Points document: http://rampscampaign.org/key-messages-of-mountain-mobilization/

“Mountain Mobilization” shuts down Logan Co. strip mine

Call for end to strip mining and a just transition for the region’s families

Charleston, W.Va.—More than 50 protesters affiliated with the R.A.M.P.S. Campaign have walked onto Patriot Coal’s Hobet mine and shut it down.  Ten people locked to a rock truck, boarded it and dropped banners: “Coal Leaves, Cancer Stays.”  At least three have been arrested, with another in a tree being threatened by miners with a chain saw.  Earlier in the day, two people were arrested at Kanawha State Forest before a group of protesters headed to the state capitol.

“The government has aided and abetted the coal industry in evading environmental and mine safety regulations. We are here today to demand that the government and coal industry end strip mining, repay their debt to Appalachia, and secure a just transition for this region,” Dustin Steele of Matewan, W.Va. said.  Steele was one of the people locked to the rock truck.

Mounting scientific evidence shows that strip mining negatively impacts community health and miner health.   Recent studies have found a 42 percent increase in risk of birth defects around strip mines, and miners who spend at least 20 years as strip-mine drillers have a 61 percent chance of contracting silicosis, a virulent form of black lung.  “The coal companies are poisoning our water and air, and they’re treating the workers no better than the land – fighting workplace health and safety protections to get the most out of labor as they can,” said Junior Walk of Whitesville, W.Va.

As coal production declines, protesters are concerned that the region will be left with only illness and environmental devastation as the industry pulls out of the region and companies file for bankruptcy to shed legacy costs.

Patriot Coal is currently going through Chapter 11 bankruptcy, in which union contracts and pensions could be on the chopping block.  Both UMWA pensions and the state’s Special Reclamation Fund are funded through a per-ton tax on coal.  With Central Appalachian coal production in the middle of a projected six-year, 50 percent decline, this funding stream is increasingly unsustainable.  Protesters are calling on the coal industry and government to ensure that funding is available both to honor commitments to retired workers and to restore the land.

“Coal companies must employ their surface mine workers in reclaiming all disturbed land to the highest standards.  Instead of arguing about the ‘war on coal,’ political leaders should immediately allocate funds to retrain and re-employ laid off miners to secure a healthy future for the families of this region,” said R.A.M.P.S. spokesperson Mathew Louis-Rosenberg.

Appalachian communities, from union miners to the anti-strip mining activists of the 1960s, have a proud history of confronting the coal industry and demanding an end to its exploitive practices with direct civil disobedience. R.A.M.P.S. and other campaigns have returned to this tradition to eliminate strip mining once and for all. Since its founding in 2011, R.A.M.P.S. has organized a range of actions, from tree-sits to blockades of coal trucks.

Today’s protesters are among the hundreds of people across the country who are joining this summer’s National Uprising Against Extraction, using radical tactics to fight oppressive extractive industries and demand a transition to a sustainable economy.

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