An environmental group’s challenge of a permit to increase water withdrawals granted to Nestle by the Michigan Department of Environmental Quality is moving forward.
A judge determined on Wednesday that the environmental group Michigan Citizens for Water Conservation is allowed to file a contested case over the permit.
The case revolves around whether the DEQ improperly approved the permit for Nestle by failing to investigate the negative impacts of increasing water withdrawals in Evart to 400 gallons per minute.
Peggy Case is with Michigan Citizens for Water Conservation, which brought the challenge. She said the group previously sued Nestle over water withdrawals in Mecosta County, forcing the company to lower withdrawals to 218 gallons per minute.
“It’s not a sustainable level of pumping and there should be a precedent that says that already on file so we don’t think Nestle should have been granted that permit.”
The case could move forward to a contested case hearing, depending on whether Nestle or the DEQ appeal this ruling.
A spokesperson for Nestle said they believe the decision to approve their permit was appropriate. They pointed out that the DEQ called the permit review “the most extensive analysis of any water withdrawal in Michigan history.”
The DEQ did not respond to our request for comment.
Nestle is facing a second challenge from Osceola Township near Evart, which has refused to grant the company a permit for a booster pumping station. Nestle sued the township over the permit. That case is waiting to be taken up by the Michigan Court of Appeals.
You can read the full Nestle statement below:
NWNA will continue to participate in the administrative proceedings that are challenging the MDEQ’s issuance of the permit as they move forward. We firmly believe that the decision to approve our permit application was appropriate. The MDEQ carefully reviewed and considered our permit application in what it called “the most extensive analysis of any water withdrawal in Michigan history.” We have confidence in the science behind our application, the MDEQ’s thorough review and the 17 years’ worth of environmental data collected near the site, since beginning our operations in Michigan.
In addition, the MDEQ included 22 conditions in the permit that provide additional protection of the environment. We understand our responsibility to manage the water sources not just for today but also for future generations. We have always been and will continue to be a strong supporter of laws that protect the environment and are committed to helping ensure the sustainability of Michigan’s natural resources.