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Environmental group calls on the state to reject Nestle permit

bestlawdir

The Michigan Citizens for Water Conservation is calling on the state to overturn a permit for Nestle to increase water withdrawals in Osceola County.

Nestle won a case against the Michigan Citizens for Water Conservation last month when an Administrative Law Judge ruled that the state’s permit for increased water withdrawals was proper.

That decision was not the final word, however. The Michigan Department of Environment, Great Lakes, and Energy still have to review the decision before making a final determination.

Peggy Case is with the Michigan Citizens for Water Conservation. She said ahead of the determination her group has submitted a brief asking the department to overturn the judge’s decision and cancel the permit once and for all.

“Do they really want to uphold a permit that was granted under the wrong interpretations of the law or is it time to interpret the law in a different way?”

When the state first announced the permit in 2018 officials described it as “the most extensive analysis of any water withdrawal in Michigan history.”

Case said she has concerns with how the new administration has handled the issue.

“It’s time for the new administration to take a look at this whole situation. They promised when they were running for reelection that they were going to deal with this kind of stuff. That they weren’t going to let corporations come in and take our water.”

A spokesperson for EGLE said the final determination will be driven by the science of protecting the environment and public health.

A brief submitted by Attorney General Dana Nessel on behalf of EGLE last week argued the wrong appeals process was used and concluded that EGLE should “issue permit 1701 as written.”

When asked for comment a spokesperson for the Attorney General said: “The Attorney General does not agree with the current regulatory structure governing water withdrawals.”

But, the statement continued, “Attorney General staff have a constitutional and statutory duty to represent state agencies.”