An environmental group announced Wednesday they will challenge the Michigan Department of Environmental Quality’s permit approval for increased water withdrawals in Osceola Township.
On April 2 the MDEQ approved a request by Nestle to increase water withdrawals from 250 gallons per minute to 400 gallons per minute.
Peggy Case is with Michigan Citizens for Water Conservation, the group filing the challenge. She said the state bent the law in granting Nestle the permit.
“They decided to discount the comments of 80-thousand people as irrelevant and many of those comments included expert and scientific testimony. We don’t see a way to let that go.”
A spokesperson for the DEQ declined to comment on the new court challenge, however, when the Department approved the permit a spokesperson stated: “we cannot base our decisions on public opinion.”
Case said the DEQ also failed to follow protocols when determining whether the water withdrawals would have an adverse environmental impact.
The DEQ has called the permit analysis “the most extensive in Michigan history.”
“The water withdrawal assessment tool is a computer model, Nestle flunked it with a D. Then they did a site-specific review, which is not specific to the site, they don’t go to the site, they do another computer model. But the law says you have to have real, on the ground data.”
Case said the court challenge will officially be filed within the next thirty days. In the meantime, Nestle won’t be able to implement their permit.
In a written statement a spokesperson for Nestle said: “we have the highest degree of confidence in the more than 16 years of scientific data supporting our application.”
Nestle’s full statement is below:
Nestlé Waters North America (NWNA) shares the deep commitment of many of these organizations to the state, people and natural resources of Michigan, but the facts of the situation are this:
The MDEQ carefully reviewed and considered our application, in what it has called its most thorough review ever.
Moreover, the MDEQ invested significant time to develop the 58-page recommendation memo, which includes 22 conditions for the permit.
Additionally, we have the highest degree of confidence in the more than 16 years of scientific data supporting our application, and in the professional scientists who collect and evaluate the data for the state. Nestlé Waters has always been and will continue to be a strong supporter of laws that protect the environment, and we continue to be committed to ensuring the sustainability of Michigan’s natural resources.
NWNA supports conversations about how to best promote environmental sustainability and about the responsible use of water in our communities. As always, we welcome the opportunity to have constructive, fact-based dialogue on these topics. We have made a long-term investment in Michigan, and we take great care to operate in a responsible and sustainable way to preserve and protect our shared water resources and the surrounding environment for generations to come.