A Small Town in Maine Says "No" to Nestle. So What Does Our "Good Neighbor" Do? They Sue. And Sue. And Sue…

by Tom Chandler on January 8, 2008 · 80 comments

Nestle’s McCloud representative will tell you the company is a “good corporate citizen” (apparently with a straight face), but all that talk falls completely flat in the face of the multinational’s actions on the ground.

We’ve seen it in McCloud, where they stated categorically their withdrawals wouldn’t affect Squaw Creek — without even bothering to monitor existing flows.

In Maine — after being told repeatedly by the people of Fryeburg that Nestle’s proposed 50-trucks a day loading station wasn’t welcome — they filed suit, lost, appealed to the Maine Supreme Court, and lost again (here’s the YouTube video of the arguments).

Yet they’re still not done trying to force 100 truck trips per day down the small, rural town’s throat. From the MaineBiz site:

After a long, drawn-out battle with the town to set up a water trucking station where 50 trucks a day would load up with spring water from a nearby aquifer, the planning board in November said the facility did not fit within the town’s rural zoning district.

In the last two years, the case has circulated through the planning board and appeals board, and up to the Oxford County Superior Court and the Maine Supreme Judicial Court. Both courts remanded the matter to the planning board, according to the Sun Journal in Lewiston.

In November, Fryeburg residents approved a six-month moratorium on the bulk transport and processing of water in town.

Now the bottled water company, owned by Nestlé Waters North America, is trying to get another verdict from the board of appeals.

Notice that the residents of Fryeburg said “no” to Nestle’s trucks — loud and clear — and Nestle doesn’t care.

Nestle even argued before the Maine Supreme Court that their right to grow their market share superceded the town’s right of self-determination.

Good corporate citizen?

Apparently, when “good corporate citizenship” clashes with their bottom line, Nestle’s real character is revealed — and not even their extensive PR department can hide it.

I have few illusions about the Underground’s ability to bulldoze a predatory multinational out of Siskiyou County, but I’m even less amenable to the idea of standing around with my hands in my pockets.

If you’re inclined to let Nestle know you’ve noticed their words don’t match their actions, then consider visiting the Protect Our Waters Coalition Web site.

The coalition includes CalTrout, Trout Unlimited, and the McCloud Watershed Council, and they’re dedicated to protecting all of Siskiyou County’s water (which includes a hell of a lot trout rivers and streams) from predators like Nestle.

They’re not a membership organization, but if you’re inclined to join something, make it CalTrout — they’re doing more for fisheries in the state than anyone.

See you on the river, Tom Chandler.

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Trucking Applications: Software, Trucker Forums, Trucking Help » A Small Town in Maine Says "No" to Nestle. So What Does Our "Good …
January 8, 2008 at 5:07 pm
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January 8, 2008 at 11:39 pm

{ 78 comments… read them below or add one }

1 Reid March 12, 2008 at 2:50 pm

Well, kids, wait no longer.. Word has come down that Nestle filed their suit this afternoon. Details are sketchy at the moment as the actual brief has not made it into the public’s hands.

Stay tuned…..  (Quote)

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2 Tom Chandler March 12, 2008 at 4:15 pm

I’m shocked. Shocked!  (Quote)

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3 Reid March 12, 2008 at 4:58 pm

Will post more details from this current suit as they become available. Am really wondering what Nestle has come up with for their argument THIS time.. The last Superior Court case was totally based on market share and competitiveness.  (Quote)

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4 Andrew March 13, 2008 at 4:45 am

Another interesting fact that may have gone unnoticed, is that Gov. Baldacci recently swore in Judge Cole, the Superior Court judge who originally sent this issue back to our planning board, as one of two new Supreme Court justices. It may not be such a bad thing, as whoever took over his role in Superior Court may not want to go against Judge Cole’s decision, and as a Supreme Court justice, he may decide in our favor down the road if need be.  (Quote)

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5 Tom Chandler March 13, 2008 at 5:16 am

Reid & Andrew: Nestle’s “our rights to grow market share preclude your right to say ‘no’” argument certainly had the Maine Supreme Court justices scratching their heads (at least on the YouTube video).

You have to wonder what’s up their sleeve this time. Given their legal losses in the past, you have to guess they’re looking for the town to fold in the face of their impressive legal firepower.  (Quote)

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6 Andrew March 19, 2008 at 5:55 am

Sadly, the issue of who has more money is an unfortunate side effect. The people in Fryeburg need a whole lot more to keep the ball rolling. Has anyone considered the possibility of starting an on-line request to help in the legal battle with Nestle? I think that many people who are still in the beginning stages of protecting their own aquifers and property rights in Maine and New England would be willing to help if they knew the need was there. AND that it might create a trickle down that would help them as well. There are many others who still think that Nestle/Poland Spring will bring revenue to the community. A recent comment overheard about the load out facility in East Fryeburg was that it was only a driveway. No big deal! Ignorance is truly bliss!  (Quote)

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7 Tom Chandler March 19, 2008 at 7:17 am

Can someone point me to an article in the media about Nestle’s latest lawsuit/appeal? Have there been any details released?  (Quote)

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8 Andrew March 19, 2008 at 7:21 am

There has been nothing published in our local paper about the newest appeal. There seem to be several local reporters who are more than just a little friendly with the Poland Spring/Nestle players. That could be the reason for the lack of news that would make them look bad? Will keep you posted if something turns up.  (Quote)

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9 Tom Chandler March 19, 2008 at 9:06 am

No story yet on the Nestle appeal? I noticed the town of Fryeburg approved its $15K legal fund thingee.  (Quote)

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10 Andrew March 20, 2008 at 4:32 am

Finally today an article in the Conway Daily Sun, thanks to some prompting by some locals, about the appeal. I find it interesting that the author comments that the argument over trucking is largely born from the extraction debate that has stewed for more than a decade. In actuality, the major problem at the moment is the fact that Nestle continues to appeal no matter what the local boards and residents have to say. No means no! Sort of like being raped over and over again with no jail time. When will people wake up?  (Quote)

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11 Tom Chandler March 20, 2008 at 11:19 am

Andrew: Thanks for the head’s up on the Nestle Appeal article. Unfortunately, it’s not accessible to those who don’t subscribe to the paper.

I’ll post a new Nestle update early next week, so if anyone finds an accessible story about the Nestle appeal, I’d love to see it.

Clearly, when Nestle preys on rural communities, they count on the community learning too late what others have learned.

I sent a letter to the editor of the local paper describing Nestle’s attempts to bully Fryeburg and how they fly in the face of its “good corporate citizen” song and dance.

It’s a small pinprick to be sure, but this week, another letter appeared from a McCloud resident pointing to the lessons learned at Fryeburg.

That’s two small voices making an important point — one which wouldn’t have been made without some level of communication via the Internet.

Of course, what this subject really needs is its own “keep an eye on Nestle” blog, which I sadly don’t have time for.

Keep up the good work, and we’ll get some new stuff on the Underground soon.  (Quote)

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12 Hannah March 20, 2008 at 1:13 pm

Here’s the link to the local paper with and article [FINALLY] about the town meeting and the Nestle appeal. http://www.laconiadailysun.com/pdf/2008/3/20.pdf You should be able to access the pdf through that address.

Also check out the letters to the editor.  (Quote)

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13 marvin March 26, 2008 at 5:15 pm

There is a rumor going around that Poland Springs is looking at a site in Acton? Any one heard about this ?  (Quote)

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14 Reid March 27, 2008 at 6:12 am

Have not heard that, but have heard they are “sucking” up big parcels of land in Fryeburg.  (Quote)

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15 Tom Chandler March 27, 2008 at 1:27 pm

They’re looking around Johnstown (I don’t know where that is).  (Quote)

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16 Caroline April 23, 2008 at 3:04 am

Just when you thought it was Earth Day… Nestle files a lawsuit. What a nice present for the people and citizens in Fryeburg?!  (Quote)

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17 Tom Chandler April 23, 2008 at 7:41 am

Caroline: It may be Earth Day, but every day is Profits Day at Nestle. Since I posted this article, I’ve posted a handful more about Nestle, including the notice about their ongoing attempts to legally bully a town that’s already said “no” several times.  (Quote)

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18 Andrew April 30, 2008 at 4:07 am

Here’s a suggestion… Buy all your friends the new book “Bottlemania” by Elizabeth Royte. It tells the true tale about our good neighbor Nestle. It goes on sale May 13th. I hope it puts Fryeburg on the map for all other towns to learn from.  (Quote)

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19 Elizabeth Royte April 30, 2008 at 7:20 am

Thanks for the shout-out, Andrew. You can learn more about the book (full title is Bottlemania: How Water Went On Sale and Why We Bought It) at http://www.bottlemania.us.  (Quote)

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20 Tom Chandler April 30, 2008 at 8:18 am

Elizabeth: Didn’t know your book was coming. I’ll certain post something about it before it’s released.  (Quote)

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21 Andrew May 28, 2008 at 9:29 am

The newest brief in the on-going battle against Nestle to stop them from building a load-out truck facility in East Fryeburg has been filed. We’ll now wait to see what Nestle comes up with in response. Keep your fingers crossed, The brief is top-notch!  (Quote)

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22 Reid June 16, 2008 at 6:52 am

Well, the court date for Nestle’s appeal of the appeal of the appeal is set for June 18th. (I might have missed one appeal, I’m not sure.) Should be interesting.

Will keep you posted…  (Quote)

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23 marvin June 19, 2008 at 10:10 am

Invitation to unite in support of the people of Kennebunkport, Kennebunk, Wells and Ogunquit. The water district will be discussing/signing contract with Nestle Waters to start a large scale water extraction on Nature Conservancy land in Wells.
See article in Portland Press Hearald front page last Sat. the 14th.
Weds June 25th 2pm rally at 92 Main ST. Kennebunk  (Quote)

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24 Torie June 27, 2008 at 5:54 am

Fight corporations like Nestle from stealing our most important natural resource right from underneath us. The Think Outside the Bottle Campaign is working to challenge corporate control of water, in the US and all over the world. Check out the website to learn more about how you can help fight this corporate abuse.  (Quote)

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25 Torie June 27, 2008 at 5:54 am
26 Andrew July 2, 2008 at 12:07 pm

The Portland Press ran another story the day before yesterday about the fight now going on in Kennebunk to keep Nestle out. Pass the word along to keep on fighting. They’ve been spending more time than they’d like doing damage control. Lots of donations suddenly in the Fryeburg area. Beware Kennebunk!  (Quote)

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27 Tom Chandler July 4, 2008 at 4:23 pm

Thanks for all the updates folks. I’m on a fishing vacation in Montana and won’t post any updates until I’m back. May have a surprise for those who want Nestle to act responsibly when it comes to the environment and small rural towns.

Also just finished “Bottlemania” by Elizabeth Royte. Review coming soon.  (Quote)

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28 Tom Chandler September 2, 2008 at 10:35 am

FINALLY! Those interested in cracking the whip on Nestle keeping track of Nestle for real should visit my just-launched StopNestleWaters.org Web site.

It’s focused entirely on Nestle-related issues, and because it’s not a fly fishing blog (like the Trout Underground), there’s lots, lots more to talk about.

The Trout Underground will continue taking note of Nestle’s activities, but most of the action will be taking place on StopNestleWaters.org.

See you there!  (Quote)

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