The school "stands as the prime example of just how far this country has gone to support its addiction to coal, and just how far Massey Energy will go to support its profit margin," wrote the resisters on the day of the arrests. "The West Virginia Supreme Court has joined Gov. [Joe] Manchin in turning their backs on these children, subjecting them to expanded operations within 300 feet of the school . According to Massey's own documents, operations will add over three tons of coal dust to the air the children breathe every school year during their most formative years."

Hansen's prospects for a fair trial don't look good. Big Coal, and Massey in particular, have undue influence in West Virginia courts. The state supreme court has twice overturned a $50 million jury verdict against Massey: In each case the deciding vote was cast by a judge with a close relationship to the company's CEO, Don Blankenship.

After the first vote, photographs surfaced of Justice Elliott Maynard dining with Blankenship on the French Riviera. When the court reconsidered the case, Justice Brent Benjamin, who tipped the scales the second time, failed to recuse himself even though Blankenship had spent more than $3 million on television advertisements for his election campaign. The U.S. Supreme Court recently ruled this a violation of the Constitution. The case will be reconsidered.