Today was a fateful day in the history of Michigan and the Great Lakes. The state Court of Appeals heard oral arguments in the appeal brought by Nestle to overturn an historic December 2003 circuit ruling ordering the company to shut down its "Sanctuary Springs" water wells in Mecosta County. The grassroots Michigan Citizens for Water Conservation won that case and its attorney, Jim Olson, made strong arguments today to uphold the lower court ruling and stop Nestle's attempt to turn public water into a fountain of private profits.
But here's what Nestle said in its release:
Oral Arguments Heard Today by Michigan Court of Appeals in Water Bottling Case
Ice Mountain water bottling operations comply with Michigan laws and permit requirements; water use is environmentally safe
That's just the head line and sub-headline, and entirely misleading. One of the reasons Nestle claims to comply with "Michigan laws" is that the Legislature has failed to pass a law governing the large-scale withdrawal of water. Nor has it offered a law or even a policy on whether private interests can bottle the public's water and make a profit on it.
It's easy to be in compliance with the law when it has gaping loopholes.
For the rest of the spin, go here:
http://biz.yahoo.com/prnews/050614/detu016.html?.v=13
Or read the hopeful view of MCWC, fighting for us all and for the public's water:
Lansing, MI, June 14, 2005 – Jim Olson, legal counsel for Michigan Citizens for Water Conservation in its two-year court battle against Nestlė Waters North America, Inc, presented the law and facts today before three Court of Appeal judges who will decide a controversial case involving water rights in Michigan. In November 2003, Judge Larry Root of the Mecosta County Circuit Court ordered the shut down of the pumps at the Sanctuary well field because the private diversion and sale of spring water by Nestlė/Ice Mountain diminished stream flow and lake levels and was illegal under Michigan water law.
Dead Stream has and is suffering serious damage due to a combination of low precipitation and pumping by Nestle over the past 2 years. The condition of the stream and riparian system continues to be impacted each day. The claims in this case arise under the common law of water rights, especially of riparian landowners to natural flow and water level, and the Michigan Environmental Protection Act (MEPA).
http://www.great-lakes.net/lists/enviro-mich/last30days/msg16416.html