Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

No Nestlé, Bottled Water Is Not an 'Essential Public Service,' Court Says

Business
Bottles of mineral water are pictured in a Nestlé water bottling plant located in Castrocielo, central Italy, on July 5, 2016. GABRIEL BOUYS / AFP / Getty Images

Nestlé cannot claim that its Ice Mountain bottled water brand is an essential public service, according to Michigan's second highest court, which delivered a legal blow to the food and beverage giant in a unanimous decision.


The three-judge panel that sits on Michigan's Court of Appeals said bottled water is not a public water supply, and Osceola Township was completely within its rights to reject Nestlé's bid to put a booster pumping structure in an area zoned for agricultural use, as the Detroit Free Press reported.

"The circuit court's conclusion that [Nestlé's] commercial water bottling operation is an 'essential public service' is clearly erroneous," the judges wrote, as The Guardian reported. "Other than in areas with no other source of water, bottled water is not essential."

The issue in question is that Nestlé wants to increase the amount of water it takes from the groundwater in Michigan's Osceola County from 250 gallons per minute to 400 gallons per minute. Environmental groups say the 250 gallons per minute that Nestlé takes from the groundwater is already too much. They say the effect is already seen in lower levels of nearby wetlands, rivers and streams, according to the Detroit Free Press. Nestlé, however, contends that its operation causes no harm.

Michigan's Department of Environmental Quality approved a permit for the increase last year, but that decision is awaiting an appeal. In order to extract so much water, the Nestlé needs a booster pump station along the pipeline that carries water from the well to tanker trucks, as the AP reported.

The owner of the property where Nestlé wants to install the booster pump station agreed to the project, but the township said the structure is not allowed in an area zoned for agriculture, according to the AP.

For Nestlé to carry out its plan, it has to prove that it provides an essential public service, which the court rejected as implausible. The ruling may have a ripple effect on Nestlé's ambition to privatize water around the country, as The Guardian reported.

"What this lays bare is the extent to which private water marketers like Nestlé, and others like them, go [in] their attempts to privatize sovereign public water, public water services, and the land and communities they impact," said Jim Olson, an environmental attorney in Michigan, according to The Guardian. Olson, who has previously battled Nestlé, added that any claim that the food giant is an essential public service or a public water utility is "ludicrous."

The Michigan environmental attorney Jim Olson, who did not represent Osceola township but has previously battled Nestlé in court, said any claim that the Swiss multinational is a public water utility "is ludicrous."

Olson said the decision is a huge victory. "In the context of the larger question, 'Who owns the water?' — in this round, the state and public do, because selling containerized water for profit is simply private, not public," Olson said to The Guardian.

The AP reported that Nestlé argued that the township's denial of the zoning permit was a backdoor way of stopping the company from ramping up its water production. The judges, however, said there was no proof of that.

"Ultimately, the township is attempting to enforce its zoning ordinances," according to the opinion by Judges Cynthia Stephens, Deborah Servitto and Amy Krause, as the AP reported. "Enforcing a zoning ordinance is neither exceptional nor forbidden."

The judges' comments about Nestlé not being a water service nor returning anything to water table provided a boon to environmental groups and Native American tribes contended that the permit to increase production to 400 gallons per minute should be overturned.

"[Nestlé] extracting water and sending it to other places where it cannot return to the water table, and, critically, doing so faster than the aquifer can replenish, is an 'irretrievable' depletion unless the pumping is reduced or halted," the judges wrote, as The Guardian reported.

EcoWatch Daily Newsletter


"Emissions from pyrotechnic displays are composed of numerous organic compounds as well as metals," a new study reports. Nodar Chernishev / EyeEm / Getty Images

Fireworks have taken a lot of heat recently. In South Dakota, fire experts have said President Trump's plan to hold a fireworks show is dangerous and public health experts have criticized the lack of plans to enforce mask wearing or social distancing. Now, a new study shows that shooting off fireworks at home may expose you and your family to dangerous levels of lead, copper and other toxins.

Read More Show Less
Billions worth of valuable metals such as gold, silver and copper were dumped or burned last year as electronic waste produced globally jumped to a record 53.6 million tons. Curtis Palmer / CC by 2.0

By Ashutosh Pandey

Billions worth of valuable metals such as gold, silver and copper were dumped or burned last year as electronic waste produced globally jumped to a record 53.6 million tons (Mt), or 7.3 kilogram per person, a UN report showed on Thursday.

Read More Show Less
A women walks with COVID-19 care kits distributed by Boston's Office of Neighborhood Services in Boston, Massachusetts on May 28, 2020. The pandemic has led to a rise in single-use plastic items, but reusable bags and cloth masks can be two ways to reduce waste. JOSEPH PREZIOSO / AFP via Getty Images

This month is Plastic Free July, the 31 days every year when millions of people pledge to give up single-use plastics.

Read More Show Less
The south Asian paradise tree snake can launch itself into the air and glide from one tree branch to another. Thai National Parks, CC by 2.0

Did you know that some snakes can fly?

The south Asian paradise tree snake (Chrysopelea paradisi) can launch itself into the air and glide from one tree branch to another. And when it does, it moves its body in waves in something known as aerial undulation. Scientists have long known how the snakes moved. But they didn't know why. Until now.

Read More Show Less
A diver swims with sharpfin barracuda, one of the many ocean species under threat from global warming, in Australia, Queensland, Great Barrier Reef. Pete Atkinson / The Image Bank / Getty Images Plus

The oceans could look much emptier by 2100, according to a new study that found that most fish species would not be able to survive in their current habitat if average global temperatures rise 4.5 degrees Celsius by the end of the century, as The Guardian reported.

Read More Show Less
Women walk from Santa Monica beach after a social media workout on the sand on May 12, 2020 in Santa Monica, California. Al Seib / Los Angeles Times via Getty Images

Independence Day weekend is a busy time for coastal communities as people flock to the beaches to soak up the sun during the summer holiday. This year is different. Some of the country's most popular beach destinations in Florida and California have decided to close their beaches to stop the surge in coronavirus cases.

Read More Show Less

Trending

Daily fireworks in many U.S. cities in recent weeks have no doubt been interfering with the sleep and peace of mind of thousands of veterans and others who suffer from PTSD. Flickr / CC by 2.0

By Arash Javanbakht

For some combat veterans, the Fourth of July is not a time to celebrate the independence of the country they love. Instead, the holiday is a terrifying ordeal. That's because the noise of fireworks – loud, sudden, and reminiscent of war – rocks their nervous system. Daily fireworks in many U.S. cities in recent weeks have no doubt been interfering with the sleep and peace of mind of thousands of veterans.

Read More Show Less