To be an Eco-Terrorist Now, You Just Gotta Flap your Jaw

UPDATE: Five of 11 Massey protesters found in contempt of court, based on a pretty outrageous interpretation of restraining orders.

To be an eco-terrorist now you just gotta flap your jaw
And hey who knows by the time you have a chance to blink
Whether you’re a criminal might depend on what you think

-David Rovics

Sometimes in the new era of “hope” and “change,” you almost forget the way things work in the rest of the world.  In West Virginia and Indiana, environmental activists using tools like non-violent direct action and grassroots organizing are facing corrupt legal systems that are misusing existing laws to stop their campaign activities.

In West Virginia today (May 1), 8 activists and 3 journalists are set to appear before a state court to show why should not be held in contempt for violating a Temporary Restraining Order (TRO) brought by four Massey Energy subsidiaries. Massey Energy says that the activists engaged in three direct actions since February in the Coal River Valley stopping daily work are a violation of the TRO. Only one of the 11 is actually listed on the TRO and he hasn’t participated in any action since it was served.

The activists contend that the TRO is overly broad as it extends to “all other persons allied, associated, confederating, conspiring, or acting in concert with them.”  In other words, it extends to all of us that oppose Massey’s rape of Coal River Mountain.

Massey also wants compensatory damages and all defendants to be jailed until they agree to never violate the TRO again.

Things are only going to heat up in the Coal River Valley as Climate Ground Zero and Mountain Justice are preparing for a summer of action against Massey.

i69_tree_sit-300x225Late last week in Indiana, two organizers with Roadblock Earth First! were charged with rackateering (a law used to target the mafia), for allegedly conspiring to engage in tree-sits, civil disobedience and blog posts.

Hugh Farrell and Gina “Tiga” Wertz have been organizing a campaign to halt the expansion of the I-69 NAFTA Superhighway.  They were arrested and charged with five charges which could lead to eight years in prison.

On Greenisthenewred.org, Will Potter writes:

“Racketeering laws are intended to combat organized crime, such as the mafia, and include crimes like extortion, bribery and money laundering. Although ambitious prosecutors have tried to use the Racketeer Influenced and Corrupt Organizations Act (RICO) to target anti-abortion activists, animal rights activists, and the Hells Angels, the purpose of the law has always been to go after illegal business activity.”

Now the prosecutors are extending it to Earth First! basically for their beliefs.

In both cases, a corrupt legal system is attempting to mis-use laws to silence our dissent.

8 Responses to “To be an Eco-Terrorist Now, You Just Gotta Flap your Jaw”


  1. 1 SRC May 3rd, 2009 at 8:40 am

    Who is saying eco-terrorism? Looks to me after reading the various sources that it was a few people violating a restraining order and subsequently received fines. Seems reasonable.

    Don’t see anyone using the phrase “eco-terrorist”.

  2. 2 Watcher May 4th, 2009 at 1:27 pm

    Without the broad language in the TRO Roselle can parade a long line of so called “locale” activists to “protest” for him,most of which consist of non resident college students. These coal companies should test the depth of these groups financial pockets in civil court.

  3. 3 Scott May 4th, 2009 at 8:25 pm

    Flyers and wanted posters of Roselle litter the highways and byways of southern West Virginia these days calling him an “eco-terrorist.” Community members and organizers in the area are often referred to with that term by the mining industry and their allies in local media.

    Furthermore, corporations and the political allies regularly call Earth Firsters and radical environmentalists “eco-terrorists” in a “scare and divide” strategy. Read greenisthenewred.org for regular updates on industry trying to fear-monger regular folks with terms like “eco-terrorist” as well as passing and abusing laws like the Animal Enterprise Terrorism Act (AETA) to turn activists into terrorists.

  4. 4 Watcher May 5th, 2009 at 8:00 am

    Take a look back at what happened in Seattle during the W T O meetings and you will see why they are called “eco-terrorists”

  5. 5 Scott May 5th, 2009 at 11:55 am

    You mean the mass non-violent civil disobedience that turned into a violent police riot because the authorities didn’t know what to do when thousands successfully peacefully shut down the WTO meetings?

    Here’s a study of it by the RAND Corporation (not a liberal social movement based think tank) that breaks down what happened in Seattle and how non violent protesters beat the biggest institution in the world and were violently attacked by police–http://www.rand.org/pubs/monograph_reports/MR1382/MR1382.ch7.pdf

  6. 6 mountaingirl May 6th, 2009 at 11:31 pm

    “Massey also wants … all defendants to be jailed until they agree to never violate the TRO again.”

    Sounds like when I got in trouble as a kid and my mom sent me to my room until I had “thought about what I had done” and promised never to do it again.

    Massey’s CEOs are the ones who should be in jail contemplating their greed and corruption.

    Why don’t rich white dudes ever go to jail?

  7. 7 MOUNTAINVET Jun 1st, 2010 at 6:17 pm

    IF IT IS NON-VIOLENT ITS CALLED A PROTEST -PEOPLE PLAIN AND SIMPLE, BUT USING VIOLENT MEANS MEANS YOUR A TERRORISTS AND THE ONLY WAY TO DEAL WITH TERRORISTS IS DEATH IF CAUGHT NOT JAILTIME THEY WILL ONLY GET OUT AND DO IT AGAIN ,

    MOUNTAINVET

  1. 1 Eco-’criminals’ and eco-’terrorists’ | Toban Black Trackback on Jun 5th, 2009 at 11:55 am
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About


Scott Parkin is a Senior Campaigner with Rainforest Action Network and organizes with Rising Tide North America. He has worked on a variety of campaigns around climate change, the wars in Iraq and Afghanistan, mountaintop removal, labor issues and anti-corporate globalization. Originally from Texas, he now lives in San Francisco.

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