Nestle Waters Bankrupts Another Legal Opponent, But You Can Help (Now In Mecosta, MI)

The Michigan Citizens for Water Conservation (MCWC) have fought Nestle Waters of North America for nearly nine years, and now they’re suffering the inevitable at the hands of the Swiss multinational’s seemingly endless legal resources – they need outside help (see the end of the post to find out how).

(BTW – small, rural towns thinking of working with Nestle probably should copy and save Ms. Swier’s letter below – if the food & beverage giant doesn’t get its way, you’ll be looking at sending one of these out on your own behalf.)

For those unfamiliar with Nestle’s water bottling presence in Mecosta County, MI, I’ll post a nutshell version of the whole sordid tale below Terry Swier’s letter, but for those with a sense of justice and a couple dollars in their pocket, here’s Ms. Swier’s letter, which details the organization’s current legal challenges against Nestle:

MCWC’s funding has dropped way down this past year and I know other organizations are facing the same difficulties. We need an emergency action alert for funding this hearing. MCWC is finding itself falling farther behind in being able to pay legal fees and expert costs.

To help defray costs, MCWC’s lawyers and experts will be staying at Gary’s and my house for the hearing and will be arriving on the 5th. Roseanne Sapp has offered to bring a meal one night and that is much appreciated. I would like to ask if others would like to do the same, either breakfast foods, evening snacks, or help with a dinner. Please email me tswier@centurytel.net if you can help.

As you know, MCWC is in the longest running bottled water battle with Nestle anywhere, having started in December 2000 and gone through trial, appeals, and remand injunction proceedings for almost 9 years now.  MCWC and its 2000 members funded this by bake sales, raffles, garage sales, and an occasional grant. We have raised over $1 million for expert witness fees, attorney fees, and costs over the first 8 years. This has been an extraordinary effort.  The firm of Olson, Bzdok and Howard has charged fees that are 3/4 of normal and contributed or waived an additional $100,000 in fees over these years.

MCWC is now faced with another lengthy hearing on issues it has won.  MCWC’s experts are prepared to show the Court that new facts since the injunction was entered into in January 2006, facts that will demonstrate why the injunction should be modified to better protect the stream from early May to October in the drier years  MCWC’s experts are also prepared to rebut Nestle’s claims that it should be able to pump 50 gpm or 30% more when in fact it should pump less.  The injunction limits have generally protected the stream, except in the drier years such as 2007.

However, we are facing not only an astounding loss and debt from all of this, but another $60,000 in expenses to contest Nestle from now through the end of the hearing this Summer.   MCWC needs help, and fast, to keep going. Please send your donations to MCWC – P.O. Box 1 – Mecosta, MI 49332.

I have 414 emails of MCWC members that I am sending this plea to. Please help me get the word out and send it on to your family, friends, and anyone you know who might be able to help MCWC.

Thank you.

Terry Swier
Michigan Citizens for Water Conservation
President

I hope some of StopNestleWater.org’s readers will help out.

The Condensed Version of the Nestle’s Mecosta County Story

Here are the bare facts: Nestle Waters of North America received a permit to pump water and build a bottling plant from a friendly state resource manager (who now speaks on their behalf).

A citizen’s group – concerned about apparent damage to the watershed (a lake, stream and two wetlands) – eventually challenged Nestle’s pumping regime in court. Nestle still refused to reduce their water intake (one lakeside landowner says the company offered to extend his dock, which no longer reached the water), and the judge actually visited the areas in question before deciding in favor of the MCWC.

It’s instructive to note that Nestle only negotiated a lower pumping rate after the judge lost his patience and threatened an injunction which would have halted all pumping. Nestle’s pumping rate is about half the originally permitted rate, and the company has since found two more sources (controversial), and the factory seems to be running at full tilt.

Still, after losing their day in court, Nestle turned around and filed a lawsuit which challenged the right of citizens to bring environmental lawsuits in Michigan, and won that suit (in front of a very conservative Michigan Supreme Court, the makeup of which has changed slightly).

It’s as good an example of any of Nestle’s approach, which involves throwing multiple legal resources at issues until they find a legal loophole the can drive one of their tanker trucks through (ala Fryeburg).

Today, the MCWC wants further protections for the watershed in dry years while Nestle Waters of North America wants the right to actually increase pumping levels.

Help out if you can:

MCWC
P.O. Box 1
Mecosta, MI 49332

Want to donate online? The MCWC site allows you to contribute via PayPal.