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Tennessee

Tennessee Officials Appeal Occupy Nashville Ruling

Two high-ranking Tennessee officials are asking a federal appeals court to rule that they did not violate the rights of Occupy Nashville protesters who were arrested on the War Memorial Plaza in October 2011. U.S. District Judge Aleta Trauger last year found Safety Commissioner Bill Gibbons and former General Services Commissioner Steven Cates violated protesters' rights when they promulgated a last-minute curfew for the plaza, then had those who refused to leave arrested. In briefs filed with the 6th U.S. Circuit Court of Appeals, state attorneys argue that Gibbons and Cates should be granted qualified immunity for their actions to disperse the protesters. They say it was the job of the two officials to protect state property and maintain order. The curfew and arrests were necessary to deal with reports of crime, sanitation problems, trash and damage to the plaza in front of the state Capitol, they say. "Plaintiffs' 24-hour occupation of the War Memorial Plaza was not protected by the First Amendment," they argue. And even protected speech can be subject to reasonable time and place restrictions.

Coal Giant Ordered To Cease Mining Operations In Tennessee

The federal Office of Surface Mining Reclamation and Enforcement (OSMRE) has issued 39 cessation orders against three Jim Justice owned companies in Tennessee. The subsidiaries in question - National Coal, Premium Coal and S&H Mining - have also been issued "Notice of Violations” from OSMRE under the Surface Mining Control and Reclamation Act (SMCRA) for failing to report water monitoring data and for road maintenance violations and a failure to meet mine reclamation requirements. The total financial cost of the violations is not known at this time. OSMRE recently held public hearings on cessation orders against Premium Coal mining operations in Anderson County, Tenn. The hearings were held to address the company's failure to meet reclamation requirements when they did not plant trees and other vegetation on disturbed areas at two mine sites within the timeframe required by their mining permits. Since the hearings, a letter of decision for both permits has been issued by OSMRE denying Premium Coal's request to drop the cessation orders. "You’d think a coal billionaire could hire firms that can plant a tree the right way around. Sadly, Premium Coal's reasoning for not meeting permit requirements was simply that they ran out of time and hired a bad crew that planted trees upside down with the roots sticking up," said Sierra Club Organizer Bonnie Swinford. “Justice and his firms have a legal responsibility to ensure adequate reclamation of strip-mined land in our state—and upside-down trees don’t cut it. Justice owned companies should hire local tree-planting companies and use the best possible reclamation practices.”
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