Sherry Chandler

Buying Judges

Massey Energy was back in the headlines at the NYTimes on Sunday:

MATEWAN, W.Va. � Don L. Blankenship, the chief executive of the nation�s fourth-biggest coal mining company, is not shy about putting his money where his mouth is when it comes to West Virginia politics.

In 2004, he spent $3 million on tough advertisements attacking a justice of the State Supreme Court who was seeking re-election. Some of the advertisements said the justice had agreed to free a sex offender.

�I thought we would beat him more easily than we did,� Mr. Blankenship said, reflecting on how hard it was to persuade voters.

Brent D. Benjamin won that election and went on to join the 3-to-2 majority that threw out a $50 million jury verdict against Mr. Blankenship�s company, Massey Energy.

The question of whether Justice Benjamin should have disqualified himself is now before the United States Supreme Court.

The case, one of the most important of the term, has the potential to change the way judicial elections are conducted and the way cases are heard in the 39 states that elect at least some of their judges. In many states, campaigns for court seats these days rival in both expense and venom what goes on in, say, a governor�s race. Yet it is commonplace in American courtrooms for judges to hear cases involving lawyers and litigants who have contributed to or spent money to support their campaigns.

Don L. Blankenship has shown up on these pages before (see below on related links). For some background check here and here. However, this case has its complexities. I suggest you read the whole article.

Also see Is America Ready to Quit Coal?

Civil disobedience

Join Wendell Berry and Bill McKibben in Civil Disobedience Against Coal-Fired Power Plants :

There are moments in a nation�s � and a planet�s � history when it may be necessary for some to break the law in order to bear witness to an evil, bring it to wider attention, and push for its correction. We think such a time has arrived, and we are writing to say that we hope some of you will join us in Washington D.C. on Monday March 2 in order to take part in a civil act of civil disobedience outside a coal-fired power plant near Capitol Hill.

Follow the link for details.

Via

Read als Blowing away King Coal at Salon.

I live in a state where coal is king and I realize that the issues are not completely simple. However, even if coal is to remain king, mountaintop removal is a stupid way to get at the coal:

After witnessing 470 mountains in central Appalachia get blown to bits by strip mining, the Coal River wind proponents were drawing a line in the sand. The verdict was in on mountaintop removal, which had been launched in 1970 as a quick and dirty option to cheaply procure coal. Thirty-eight years and a million and a half acres of destroyed hardwood forests later, mountaintop removal had run its course in the region with appalling effects. It had not only destroyed the natural heritage, it had ripped out the roots of the Appalachian culture and depopulated the historic mountain communities in the process.

Over 1,200 miles of waterways had been sullied and jammed with mining fill. Blasting and coal dust had made life unbearable for anyone in the strip-mined areas. Wells had been busted and polluted with toxic waste. Given the mechanization of aboveground mountaintop removal, and its shakedown of a diversified economy, coal mining jobs had plummeted as poverty rates rose in strip-mining areas.

In December, West Virginians saw what happened at a Tennessee power plant. A restraining wall burst and a billion gallons of coal ash poured out of a pond and deluged 400 acres of land in 6 feet of sludge. The proposed mountaintop removal site on Coal River Mountain rested beside a 6 billion-gallon toxic coal waste sludge dam above underground mines. If the proposed blasting took place, a fracture along the sludge lake could be catastrophic for the communities downstream.

The residents asked: Why should Coal River Mountain be the last mountain to die for a mistake?