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

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.

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.

Read the entire article at EcoWatch.com