Court orders Nestle to pay plaintiff fees
For
immediate release
Michigan Citizens for Water Conservation
MECOSTA, Mich.—Judge Lawrence Root
applied his usual even, tight analysis of the law and ordered Nestlė
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 Nestlė, 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 Nestlė’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 Nestlė 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 Nestlė is a
good corporate citizen and neighbor and will pay what the Judge has
said is owned to MCWC. We will see whether Nestlė 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 Nestlė must stop p the pumping of
spring water from the Sanctuary Site”, said Terry Swier, president
of MCWC.
More info:
www.savemiwater.org
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