Quantcast

Nestlé Can Keep Piping Water Out of Drought-Stricken California Despite Permit Expiring in 1988

Climate

In a major setback for environmental groups, a federal judge in California has tossed out allegations that the U.S. Forest Service allowed Nestlé's bottled water operation to take water from the San Bernardino National Forest on a permit that expired back in 1988.

A federal court has ruled in favor of the U.S. Forest Service for allowing the Nestlé' to continue its use of a four-mile pipeline that siphons water from the San Bernardino National Forest.

The decision regards a lawsuit filed against the Forest Service in October 2015 by the Courage Campaign Institute, the Center for Biological Diversity and the Story of Stuff Project. The groups alleged that the agency was allowing Nestlé Waters North America to pipe water from public lands on a permit that had long expired.

With the ruling, the multinational food and drink corporation can continue its use of a four-mile pipeline that siphons thousands of gallons of public water a day from the Strawberry Creek watershed and sell it back to the public as bottled water. The water is sold under the Arrowhead brand.

U.S. District Judge Jesus Bernal wrote in a Sept. 20 order that since the Forest Service received a request to renew the permit in May 1987, the effort was considered a "timely and sufficient application for renewal," thus keeping the original permit valid.

Bernal rejected the plaintiffs's argument that the Forest Service's failure to act on the May 1987 request renders the permit invalid.

"Plantiffs do not identify, and the court cannot find, any authority holding that an agency's failure to act within a reasonable time" invalidates a special use permit, Bernal wrote.

The decision was criticized by the three environmental groups that initiated the lawsuit.

"The court has just confirmed what many Americans fear, massive corporations play by a different set of rules than the rest of us," Eddie Kurtz, executive director of Courage Campaign Institute, said in reaction to yesterday's decision. "Nestlé has been pulling a fast one for nearly 30 years, taking a public resource, depriving plants and animals of life-sustaining water, and selling that water at an obscene profit without the right to do so, but apparently our justice system is OK with that."

"We're shocked by the court's decision to let Nestlé continue its operations, and we will continue to stand with hundreds of thousands of Californians and people across the nation to take back control of this public water," added Michael O'Heaney, executive director of the Story of Stuff Project. "This fight is far from over."

Let's not forget that California is experiencing its fifth year of an epic drought. The Center for Biological Diversity pointed out that in 2015 alone, Nestlé had piped away an estimated 36 million gallons of water from the forest to sell as bottled water. Nestlé pays an annual permitting fee of $524 for permission to run its pipeline.

"Reports from the end of 2015 and the summer of 2016 indicate that water levels at Strawberry Creek are at record lows, threatening local wildlife that are already dealing with the ongoing drought in Southern California," the Center for Biological Diversity said.

"The court's decision is disappointing, but the real tragedy lies in the fact that Strawberry Creek is drying up, dooming the plants, fish and animals that have relied on it for tens of thousands of years" said Ileene Anderson, senior scientist with the Center for Biological Diversity. "Bottling water is not worth sacrificing Strawberry Creek, so we're considering our options for appeal."

Environmentalists have long decried bottled water as wasteful, expensive, unnecessary and a major source of plastic pollution.

Annie Leonard, the executive director of Greenpeace USA, argued in November: "A four-year review of the bottled water industry in the U.S. and the safety standards that govern it, including independent testing of over 1,000 bottles of water found that there is no assurance that just because water comes out of a bottle it is any cleaner or safer than water from the tap. In fact tap water is tested more frequently than bottled water."

Nestlé Waters was not a party in the case but told EcoWatch in a prepared statement it was "pleased" with the ruling.

"The Forest Service has acknowledged that our permit is in full force and effect until the renewal process is concluded," Christopher Rieck, spokesman for Nestlé Waters North America Inc., said. "We look forward to working in close cooperation with them to continue to manage the Arrowhead Springs in Strawberry Canyon sustainably for the long-term."

The company added that it recognizes "the impact the drought is having across the state, and we have implemented new technologies in our California facilities that will conserve 55 million gallons of water each year."

Nestlé carefully monitors all spring sources and manages them to ensure long-term sustainability and healthy habitats, he said.

EcoWatch Daily Newsletter


georgeclerk / E+ / Getty Images

By Jennifer Molidor

One million species are at risk of extinction from human activity, warns a recent study by scientists with the United Nations. We need to cut greenhouse gas pollution across all sectors to avoid catastrophic climate change — and we need to do it fast, said the Intergovernmental Panel on Climate Change.

This research should serve as a rallying cry for polluting industries to make major changes now. Yet the agriculture industry continues to lag behind.

Read More Show Less
Edwin Remsburg / VW Pics / Getty Images

Botswana, home to one third of Africa's elephants, announced Wednesday that it was lifting its ban on the hunting of the large mammals.

"The Ministry of Environment, Natural Resources Conservation and Tourism wishes to inform the public that following extensive consultations with all stakeholders, the Government of Botswana has taken a decision to lift the hunting suspension," the government announced in a press release shared on social media.

Read More Show Less
Sponsored
Pxhere

By Richard Denison

Readers of this blog know how concerned EDF is over the Trump EPA's approval of many dozens of new chemicals based on its mere "expectation" that workers across supply chains will always employ personal protective equipment (PPE) just because it is recommended in the manufacturer's non-binding safety data sheet (SDS).

Read More Show Less
De Molen windmill and nuclear power plant cooling tower in Doel, Belgium. Trougnouf / CC BY-SA 4.0

By Grant Smith

From 2009 to 2012, Gregory Jaczko was chairman of the Nuclear Regulatory Commission, which approves nuclear power plant designs and sets safety standards for plants. But he now says that nuclear power is too dangerous and expensive — and not part of the answer to the climate crisis.

Read More Show Less
A lake in Rocky Mountain National Park. Brett Walton / Circle of Blue

By Brett Walton

When Greg Wetherbee sat in front of the microscope recently, he was looking for fragments of metals or coal, particles that might indicate the source of airborne nitrogen pollution in Rocky Mountain National Park. What caught his eye, though, were the plastics.

Read More Show Less
Sponsored
Gabriele Holtermann Gorden / Pacific Press / LightRocket / Getty Images

In a big victory for animals, Prada has announced that it's ending its use of fur! It joins Coach, Jean Paul Gaultier, Giorgio Armani, Versace, Ralph Lauren, Vivienne Westwood, Michael Kors, Donna Karan and many others PETA has pushed toward a ban.

This is a victory more than a decade in the making. PETA and our international affiliates have crashed Prada's catwalks with anti-fur signs, held eye-catching demonstrations all around the world, and sent the company loads of information about the fur industry. In 2018, actor and animal rights advocate Pamela Anderson sent a letter on PETA's behalf urging Miuccia Prada to commit to leaving fur out of all future collections, and the iconic designer has finally listened.

Read More Show Less
Amer Ghazzal / Barcroft Media / Getty Images

If people in three European countries want to fight the climate crisis, they need to chill out more.

That's the conclusion of a new study from think tank Autonomy, which found that Germany, the UK and Sweden all needed to drastically reduce their workweeks to fight climate change.

"The rapid pace of labour-saving technology brings into focus the possibility of a shorter working week for all, if deployed properly," Autonomy Director Will Stronge said, The Guardian reported. "However, while automation shows that less work is technically possible, the urgent pressures on the environment and on our available carbon budget show that reducing the working week is in fact necessary."

The report found that if the economies of Germany, Sweden and the UK maintain their current levels of carbon intensity and productivity, they would need to switch to a six, 12 and nine hour work week respectively if they wanted keep the rise in global temperatures to the below two degrees Celsius promised by the Paris agreement, The Independent reported.

The study based its conclusions on data from the UN and the OECD (Organisation for Economic Co-operation and Development) on greenhouse gas emissions per industry in all three countries.

The report comes as the group Momentum called on the UK's Labour Party to endorse a four-day work week.

"We welcome this attempt by Autonomy to grapple with the very real changes society will need to make in order to live within the limits of the planet," Emma Williams of the Four Day Week campaign said in a statement reported by The Independent. "In addition to improved well-being, enhanced gender equality and increased productivity, addressing climate change is another compelling reason we should all be working less."

Supporters of the idea linked it to calls in the U.S. and Europe for a Green New Deal that would decarbonize the economy while promoting equality and well-being.

"This new paper from Autonomy is a thought experiment that should give policymakers, activists and campaigners more ballast to make the case that a Green New Deal is absolutely necessary," Common Wealth think tank Director Mat Lawrence told The Independent. "The link between working time and GHG (greenhouse gas) emissions has been proved by a number of studies. Using OECD data and relating it to our carbon budget, Autonomy have taken the step to show what that link means in terms of our working weeks."

Stronge also linked his report to calls for a Green New Deal.

"Becoming a green, sustainable society will require a number of strategies – a shorter working week being just one of them," he said, according to The Guardian. "This paper and the other nascent research in the field should give us plenty of food for thought when we consider how urgent a Green New Deal is and what it should look like."

Amazon Employees for Climate Justice held a press conference after the annual shareholder meeting on May 22. Amazon Employees for Climate Justice

Amazon shareholders voted down an employee-backed resolution calling for more aggressive action on climate change at their annual meeting Wednesday, The Los Angeles Times reported.

Read More Show Less