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06/04/2009
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Protests Called A Necessity
Staff
MetroNews Talklijne

Metro News: The Voice of West Virginia
A Raleigh County judge has enjoined a group of protestors from any more demonstrations on mountaintop mining operations in southern West Virginia.  The group of protestors staged widespread demonstrations Memorial Day, including trespassing on Massey Energy property. 

"We obviously weren't happy with that," said attorney Tom Rist. "The preliminary injunction is somewhat limited to these named protestors, but yes, we were disappointed."

Rist, appearing on MetroNews Talkline Thursday, explained the arguments being made by those protestors targeted in a civil lawsuit by Massey. He says they believe they have the right to protest an activity they believe is being done in an illegal fashion and they have an obligation to hold Massey and other coal companies' feet to the fire.

"This is a necessity," said Rist. "These people have the need to stop this because of the violations of Massey. There's a necessity defense we believe we can put forward that should keep these people from being enjoined from doing this type of behavior."

Massey counters in its suit that they are a legitimate company engaged in a legal activity.

"The practice of mountaintop removal mining is a legal activity, it's not done legally," said Rist. "That's one of the huge issues the protestors have with it."

Although a judge issued the injunction, there is little to stop those protestors from continuing the activity.  Rist says he knows of no plans to violate the judge's order--but says he isn't privy to any protest plans.


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