MICHIGAN CITIZENS FOR WATER CONSERVATION
P.O. Box 1 Mecosta, MI 49332
Phone: 231-972-8856
www.saveMIwater.org
PRESS RELEASE
May 7, 2004
Contact: Terry Swier, President Michigan Citizens for Water Conservation 231-972-8856
Jim Olson, Attorney for Michigan Citizens for Water Conservation
ANOTHER VICTORY FOR MICHIGAN CITIZENS FOR WATER CONSERVATION
(Mecosta, Michigan, May 7, 2004) Judge Lawrence Root applied his usual even, tight analysis of the law and ordered Nestle Waters North America, Inc. to reimburse $122,212.47 to Michigan Citizens for Water Conservation (MCWC) for its expert fees and some of its non-expert costs. MCWC incurred the fees in the lawsuit against Nestle, culminating in Judge Root’s November 25, 2003 decision.
The Judge ruled in favor of Michigan Citizens for Water Conservation that riparian rights are superior to the diversion and sale of groundwater. He found Nestlé's water operation unlawfully diminishes the lakes, streams, and wetlands at issue in the lawsuit. He also found that the diminishment and resulting impairment of these waters violates the Michigan Environmental Protection Act (MEPA).
Jim Olson, attorney for MCWC said, “While we’re disappointed that the rest of our costs were not awarded based on the citizen suit part of the case, we respect the Judge’s decision. It demonstrates how carefully he follows the law and shows that Nestle media arm has mischaracterized his November 25th decision as “extreme’. In fact all of his decisions have been as meticulously and consistent with the law as today’s ruling.”
“Now we will see whether Nestle is a good corporate citizen and neighbor and will pay what the Judge has said is owed to MCWC. We will see whether Nestle will try to flaunt the law and orders of the Circuit Court, like it did when it arrogantly engineered help from the DEQ to get around the November 23rd decision that Nestle must stop the pumping of spring water from the Sanctuary Site”, said Terry Swier, president of MCWC.