Peabody's attempt to SLAPP down opponents of local coalmine fails

Peabody Energy, the world's largest private sector coal company and the owner and operator of the Wilpinjong coalmine 40 kilometres outside Mudgee, clearly does not like people complaining about their coal operations. They have gone to extraordinary lengths to silence their critics.

The manager of the Wilpinjong coalmine, Keith Downham, has tried to take out a restraining order against local resident, Rob Carol. Rob has been speaking out against the mine's 24-hour operations, the high levels of noise and dust and the general disruption to locals since the mine opened at the end of 2006.

Yesterday I was at the Mudgee Court House with Rob and about 30 local supporters for the hearing to determine if the restraining order should be granted.

Surprise, surprise … the Peabody manager did not come to court and the case was deferred.

So what's going on here? Surely if the manager feels threatened by Rob he would have turned up and argued his case for the restraining order.

The no show by the Peabody manager on a matter that he initiated makes this case look like another SLAPP - strategic litigation against public participation. This ugly tactic, which sees powerful companies misusing the legal process to intimidate locals from speaking out and protesting, is a popular tactic in the United States. Unfortunately is increasingly being used in Australia.

The reality is that it's Peabody that is harassing locals with their 24-hour mining operations. All Rob has done is consistently complain against these abuses. He has huge signs on his property detailing the destructive mining practices and makes regular complaints to the mines managerial staff.

Residents affected by the Wilpinjong mine are doing it tough. It has been reported that about 150 people have moved out of the area since mining started and it is locally known that Peabody is negotiating with another 14 families with a view to buying them out.

The 24-hour operations mean that there is no let up from the dust and the noise. Many locals have complained to my office that the low frequency sound from the mine machinery keeps them awake every night for hours.

Peabody Energy, from its Chairman and Chief Executive Officer, Gregory H. Boyce, to its Wilpinjong mine manager, Keith Downham, need to remember that Rob Carol and all the residents impacted by their 24-hour mining operations have a right to complain and criticise.

This David and Goliath case is due back in court on 20 February.