Environment,    Nestle,    News

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 1/8/2008

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Nestle even argued before the Maine Supreme Court that their right to grow their market share superceded the town's right of self-determination.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

As the author of the decade leading fly fishing blog Trout Underground, Tom believes that fishing is not about measuring the experience but instead of about having fun. As a staunch environmentalist, he brings to the Yobi Community thought leadership on environmental and access issues facing us today.

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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 ... more will be taking place on StopNestleWaters.org. See you there!
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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.
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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!
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www.thinkoutsidethebottle.org
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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.
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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
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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...
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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!
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Elizabeth: Didn't know your book was coming. I'll certain post something about it before it's released.
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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 www.bottlemania.us.
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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.
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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.
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Just when you thought it was Earth Day... Nestle files a lawsuit. What a nice present for the people and citizens in Fryeburg?!
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They're looking around Johnstown (I don't know where that is).
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Have not heard that, but have heard they are "sucking" up big parcels of land in Fryeburg.
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There is a rumor going around that Poland Springs is looking at a site in Acton? Any one heard about this ?
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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.
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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 ... more 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.
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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 ... more have to say. No means no! Sort of like being raped over and over again with no jail time. When will people wake up?
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No story yet on the Nestle appeal? I noticed the town of Fryeburg approved its $15K legal fund thingee.
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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.
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Can someone point me to an article in the media about Nestle's latest lawsuit/appeal? Have there been any details released?
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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 ... more 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!
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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.
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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 ... more decide in our favor down the road if need be.
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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.
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I'm shocked. Shocked!
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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.....
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Let us know if they sue. I'm pretty sure they will.
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One day to appeal! I'm sure we'll hear from Poland Spring by nightfall. They can't have come this far and then decided to give up. I'm told there has been a lot of activity on Denmark Rd. Trucks hauling backhoes, well-drillers, etc. In my opinion they'll try anything, including blatant underhanded activity right under our noses. I'm assuming they are working on the Cold Spring well in Denmark. Why ... more bother if it's not in their game plan? One of the players in the local game has so much as said that they may have lost some of the battles, but they see no problem winning the war. A special town meeting is planned for the 13th of March. If there aren't enough people speaking in favor of the town continuing to fight litigation, money to pay legal fees will not be appropriated. I'm not sure where that leaves the folks fighting the legal battle in East Fryeburg. On and on it goes!
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We'll have to wait and see. This can't have gone how they'd hoped, and neither could this look good once other small rural towns take notice. It's so out-of-step with their "good neighbor" image that my local paper asked me for corroboration when I detailed the story in a letter to the editor.
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Looks like Nestle/Poland Spring only has a few days more to make their appeal on the Appeals Board decision. Mark Dubois, Nestle Poland Spring Natural Resources manager has said over and over in the press that they will be appealing the decision, but time is running out....... I wonder what they REALLY will do... Actually listen to what the people have said??!!! What do you think??
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Interesting that the Sun Journal article talks about the companies that draw the water from Fryeburg. I find it very curious that Mark Dubois mentioned, or at least as reported, as an after thought that the Water Company also draws from the same aquifer. I think that should any research be done, that Mark Dubois might find that until 2004, the town's people were also consuming the same "spring" water ... more that Nestle/Poland Spring so covet at the moment. Sounds to me like Nestle thinks they are more entitled to the water than the towns people are.... Curious no??!! Exerpt from the Sun Journal Engineer: Groundwater withdrawal effects negligible By M. Dirk Langeveld , Staff Writer Friday, February 29, 2008 [Code Enforcement Officer Bonnie Rickett said Pure Mountain Spring has been extracting water since 2003, while the WE Corp has been extracting water since 2004. Mark Dubois, a natural resource manager with Nestle Waters North America, the parent company of Poland Spring Water Co., said the Fryeburg Water Co. also taps the aquifer.]
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I just received this in a google alert. This is part of an article in the Sun Journal newspaper. I think the people of Fryeburg have their answer... sue..sue...sue.... Water extraction has been a contentious subject in Fryeburg. Municipal boards have denied Nestle Waters a permit to build a water trucking facility on Route 302, and Dubois has said Nestle Waters will take the matter to court. Last ... more year, the town voted to put a moratorium on the processing and transport of bulk water.
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I'm glad to hear it. I don't imagine that the environmental impact will be clear for several years in some cases. Baseline studies were never done in Fryeburg prior to bulk water extraction by Poland Springs 10 to 12 years ago. One has recently been conducted, 2006/07, when the water levels were higher than normal and of course don't show the impact on Wards Brook and Lovewell Pond since the pumping ... more originally began. There is no solid way to know what has already been lost. The important things in life diminish before our eyes, but at such a slow rate of speed that most of us don't miss the loss until it's too late.
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Andrew: The endangered Redband are all above proposed plant, so there's no impact on them. Enviro groups like CalTrout have been leading the charge out here.
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It was my understanding that the trout in the McCloud case are endangered. Where do the environmentalists stand on this issue? They seem to have abandoned those of us in Maine.
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In the marketing world, we call it Greenwash, though in this case, Nestle actually does support clean water, though for them -- not trout. If they really gave a shit about trout, they would have voluntarily monitored the flows in Squaw Creek (downstream of their proposed million sq. ft. bottling plant in McCloud). Instead, CalTrout and the Watershed Council had to make it a big enough issue that Nestle ... more has been forced to reissue the EIR and start monitoring.
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I sure hope that someone from Poland Springs takes some photos of the trout and maybe catches and stuffs a few, as they will more than likely be extinct in Maine waters if Nestle continues to carry off all of our water. People in the Northeast won't be smiling 10 years from now!
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AND Trout in the Classroom is a Trout Unlimited project!
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And now, they are trying to show what good neighbors they REALLY are by bringing trout education to our young people.. So they can show what "good stewards" they are to the environment.. But what are they really saying?? Protect your water now, so we can have it later?? Trout in the Classroom comes to district 02/06/08 David Hart MSAD #58 -- Originally established in Maine by Lynne Richard, education ... more director of the Portland Water District, the Trout in the Classroom program has now arrived in MSAD #58. Thanks to full sponsorship by Poland Spring Water Bottling Company and its lead and initiative, MSAD #58 elementary schools now have all the technical equipment needed to become engaged in a very exciting and educational program. Poland Spring representatives will be the lead instructors in this program. According to Trout in the Classroom's Web site, the program's curriculum, developed by the Portland Water District, the US Fish and Wildlife Service, Trout Unlimited, the Atlantic Salmon Federation, and others, engages teachers and their students in a yearlong exploration of water and watersheds through the study of a range of subjects. The studies include: water quality and pollution; ecosystems and biodiversity; habitat protection; salmonids anatomy Trout eggsis; and watershed and watershed protection. A keystone element of the program is the raising of fish fry in chilled incubator tanks in the classroom. The program culminates with the students releasing their young charges into a local river which becomes quite possibly a moment that will be long remembered. According to Nestlé Waters' environmental manager Mark LaPlant, the fish might be released in the West Branch of the Carrabassett River. This is a location where Poland Spring and Mt. Abram students have partnered under a separate program to learn and conduct hands-on environmental stewardship practices multiple times this school year. In addition to the interdisciplinary lessons, students of Trout in the Classroom are encouraged to develop and implement their own watershed stewardship projects aimed at helping to ensure a healthy future for their new fish friends. LaPlant said they met Richard through their joint participation in Project WET (Water Education for Teachers) and explained that she introduced the Trout in the Classroom project to a number of schools in the PWD service area. “This exciting, hands-on program seemed like a natural fit for Poland Spring -- with our interest in environmental stewardship and education.” MSAD #58 along with a school in Fryeburg and Poland will be the pilot program for Poland Spring who will fully fund the Trout in the Classroom initiative. “In 2007, we proposed this pilot program to our parent company, Nestlé Waters, N.A. to bring this program to schools in the Kingfield area. Poland Spring saw it as a great opportunity to educate Maine students about scientific principals while learning about the sensitivity of the trout to their aquatic environment,” LaPlant explained. “In the end, this will provide the students with a better understanding about the importance of sustaining their pristine local groundwater and surface water resources.” LaPlant said with a big smile that his company enthusiastically embraced the project. Poland Spring is demonstrating that it is committed to environmental education in MSAD #58 schools this year and for years to come. Trout in the Classroom is a new program to Poland Spring and certainly a new benefit to our area students. “We are new to this program and will hone in our skills. Over time we will knock the students' socks off with programs like this,” LaPlant said. Kingfield was the first school to get the eggs and start the process on Monday. Stratton will see Poland Spring personnel later in the week followed by Strong and Phillips. “I just think that when they're willing to come to our school and share
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Yeah, I just found this in the Waterville paper. I wonder who exactly will be paying for the new water district expansion. AND IF the expansion would have been necessary had that large predatory multi-national come to town. I'm sorry, I meant to say, Nestle/Poland Spring, the "good neighbor" company. You know, the one that just keep suing.. AND asking the people to pick up more and more of the costs.. ... more Here's part of the article from the Central Maine Sentinel.... Bank approves bond financing for Kingfield water system expansion By VALERIE TUCKER Correspondent 02/06/2008 KINGFIELD -- The town has taken another step toward completing water system expansion plans. On Monday night, administrative assistant Greg Davis told selectmen that the Maine Municipal Bond Bank has approved bond financing for the project. "This will provide financing for the Poland Spring wastewater project and property acquisition plan," administrative assistant Greg Davis said. "Wright Pierce's engineering design plans should be ready this month." At a special town meeting, the town authorized the selectmen to borrow and issue a general obligation bond for up to $1,040,000 to construct the waste water plant to treat gray water from the bottling plant and to buy additional property for the project. The water treatment system should be completed when Poland Spring opens the first two bottling lines at the plant in the fall. Code Enforcement Officer Douglas Marble has given Poland Spring officials an occupancy permit, and the company has started advertising for supervisory personnel and other employee positions.
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My apologies! The article I just referred to was from 2007! Even so, every town in the State of Maine should beware. Much like the flu that is running rampant throughout the US, Poland Spring needs a huge shot in the arm to stop them. Does anyone know what has happened in Rangeley since this article was published?
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The uprising may in fact be starting. Look up the Kingfield Irregular online and click on Poland Spring. The people in Rangeley are NOT happy about a proposed load out and pump station in Dallas Plantation and are heading to court. Our good friend Tom Brennan is at the helm once again telling everyone what a good neighbor they are. If anyone who reads troutunderground hasn't sent it to everyone they ... more know, now is the time! An uprising is overdue!
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There needs to be an uprising from the taxpayers in the state of Maine.
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I'm sorry to say Gloria that the people in Shapleigh won't give two hoots about the folks in Newfield as long as they don't have to bare the burden of the truck traffic. That's exactly what happened in East Fryeburg. The people in Denmark were more than happy to let Poland Springs put a well in, but made sure they updated their ordinances so the trucks wouldn't be allowed drive on their roads. Sadly ... more the people who live near the well will inevitably have problems with low water levels and possibly well that will dry up. Those who fought Poland Springs lost in the courts.
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Good luck. I know how those local meetings can go.
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Yeh well get this, the water aquifer that is being looked at in Shapleigh actually sits in Newfield under land owned by the State of Maine(Inland Fisheries and Wildlife). Only a very small portion of this aquifer sits in Shapleigh. I think if Shapleigh thinks this is such a great idea then the traffic should go thru their town not Newfield. Maine taxpayers should get there cut of the profits to fund ... more Inland Fisheries and Wildlife. This could save us some state tax money. Opps for a minute I was thinking someone actually was concerned about saving taxpayers some money:) Next public hearing is March 1st at 10 am at the Shapleigh Memorial School. We locals could use some support if anyone is so inclined.
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Andrew mentioned the following.. "As far as Fryeburg is concerned, there are a handful of people who have been footing the bill to pay legal fees, and at this point in time have paid out close to $30,000." That got me thinking.. If the Town of Fryeburg is being sued, then they probably have legal representation. So doesn't that meant that the people who have already poured out $30,000 from their own ... more pockets are really paying TWICE to try to preserve their "protecting the property values and rural way of life in small town America" as Andrew mentioned.
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There is absolutely no benefit to the town of Fryeburg, particularly as far as the load out facility in East Fryeburg goes. I find it hard to believe that after all of the negative publicity about Nestle that there are still people out there who think they are anything but money hungry. Many will undoubtedly find out the hard way.
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I gotta ask: how much positive economic impact can a water loading station offer a community when compared to all the negatives? It's not as if you're even looking at a handful of poverty-level jobs.
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As far as Fryeburg is concerned, there are a handful of people who have been footing the bill to pay legal fees, and at this point in time have paid out close to $30,000. Unfortunately, many of the townspeople fail to recognize that this group is merely interested in protecting the property values and rural way of life in small town America. Never mind the sustainability of the pristine water found ... more in Fryeburg. People forget that in addition to the trucking issue, and by the way, the roads in Fryeburg are atrocious!, that if a bottling plant were to spring up here, (no pun intended), the town would have to spend money to increase services like the fire department, highway department, etc. Just type water wars into your computer and you'll see that these issues with Nestle are worldwide. The folks in Shapleigh beware! This is one of the biggest corporate predators on earth!
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This from the Portland Press Herald, February 17th, written by Seth Harkness. [Poland Spring's expansion plans have met with resistance in Fryeburg and other neighboring communities in recent years. Many of these communities have passed water extraction ordinances based on residents' concerns that the company may threaten the sustainability of local ground water supplies. Residents also have objected ... more to the truck traffic that the company brings to rural roads. At the meeting with Shapleigh residents on Feb. 7, though, Shapleigh Selectman Bill Hayes said most of the approximately 25 residents in attendance were receptive to Poland Spring's proposal. In particular, he said, people saw the potential benefit to the town through the addition of a new Poland Spring facility to the town's tax base and the collection of a per-gallon fee. "It was kind of viewed as a positive thing," he said. "The town stands to gain."] ..... So Nestle/Poland Spring is suggesting that the towns people sell (could use other words that are not Politically Correct here) their commons for the benefit of some multi-national corporation who pays no Maine income tax, has asked for all sorts of tax incentives paid from the backs of Maine people, suggest that they should clog the roads with 22 wheel trucks that destroy the roads so the Maine taxpayers can yet again pony up to pay for those repairs, and probably other things that I cannot think of at the moment. All for some short term tax revenue, minimal, if any jobs, and a tiny per fee gallon if the arguments from a rate case in Fryeburg are any indication. Can we say declining block rate? Sure sounds like the future generations of Shapleigh citizens gain here. Their water is hauled out 8,500 gallons at a time, with an additional 80 percent of that amount being added back to a waste stream in Maine. Did anyone think about the carbon emissions of the tanker trucks?? Oh, yeah, Nestle/Poland Spring is running 5% bio-diesel. Other companies, specifically Oakhurst Dairy (a locally owned, 3rd generation Maine company) has chosen to run their fleet with 20% bio-diesel. Now, did anyone mention that the tax break on fuel comes when a fleet is running 4% bio-diesel. I wonder if Nestle's law firm had a hand in THAT legislation? So, yet again, the transportation road fund is being subsidized by the Maine people because Nestle/Poland Spring is running bio-diesel at only 1% higher than where the tax break starts. Sure sounds like a winner for the Maine people. Nestle will take your water, and the Maine people will pay for it... ultimately... And if you choose to say "no", then Nestle sues.. Humh, I wonder who gets to pay for that?
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I'm glad the people of Fryeburg have pushed Nestle to the wall; they've made apparent the lengths to which Nestle's willing to go. We've seen glimpses here (Nestle attempted to subpoena the private financial records of opponents here, but thankfully lost that battle, though the message they sent was clear), though it's always nice to see what's really going on behind the "good corporate citizen" mask.
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I'd love to see a busload of Fryeburg citizens head to the March 1st meeting in Shapleigh at the Shapleigh Memorial School at 10am. It might shake things up for Mark DuBois and our good neighbors at Nestle/Poland Springs. I hope that the folks in Fryeburg don't give up. Kicking Nestles butt, and letting the world know that it can be done, sounds like a win/win situation to me.
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And now, Nestle is approaching another community in Maine so they can place a wellhead and truck loading station emptying on a state highway on TOWN LAND! Stay tuned for that discussion. I've heard Nestle has one public meeting in Shapleigh with another one scheduled for March 1st.
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All here in Maine are waiting with baited breath until the deadline for the appeal to be filed in March. In the meantime, there are folks in town who decided they needed to "bring Nestle" to the table to "discuss" what was "best" for the community. (But that's another whole topic in and of itself!) Seems like the community has spoken up on several occasions and told Nestle over and over again, NO ... more each time. Ya think we need to pool our resources to get them all hearing aids?? Maybe that might help them to hear what the people say.. Oh, silly me, there I go thinking that what the people say and vote actually matter. Well, it's raining here on top of all the snow, so, you can rest assured, Nestle trucks will be rolling out of town in all weather at about one truck every 10 minutes. Can't wait! Tom: Hope you are feeling better...
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Andrew: There have been a few victories along the way, but Nestle's relentless. Given the long-term value of Nestle's rapacious McCloud contract, I'm sure they're willing to invest a fair amount of energy and legal effort to make it work. The truck loading station in Fryeburg is a good example; it doesn't seem like a critical project, but they've paid their Maine legal firm to file a lawsuit (with ... more another coming), filed several appeals, and even argued this one in front of the Maine Supreme court. Given the profit margins in the bottled water industry (their raw product is very cheap, yet the stuff sells at a higher price than gasoline) this is probably simply a profit motivation, but on the other hand, I'm sure Nestle doesn't want a small community kicking their butt and setting a precedent for other small communities.
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Has there ever been a time when Nestle backed down and the little guys won? It looks like something is going on in McCloud, but they must have something else up their sleeve.
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You can't fault Nestle for their consistency. Pretty much everything else about them sucks, but they're predictable. If the appeal fails, can armed invasion be far behind?
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Looks like we have seen a hint of the latest blunt instrument.... This from mainebiz.biz magazine... Yup, Nestle/Poland Spring will appeal in court again... Guess Nestle does not know what "no" means. Poland Spring loses appeal By Mainebiz news staff (02/01/08) Poland Spring has failed in its latest attempt to force the town of Fryeburg to grant a permit for a water trucking facility there. Nestlé ... more Waters North America, owner of Poland Spring, first applied in 2005 for a permit to build a facility on Route 302 that would fill a maximum of 50 trucks each day with water from a Denmark aquifer, according to the Sun Journal in Lewiston. But a lengthy battle ensued that resulted in a Superior Court justice returning the matter to the planning board. The planning board denied the permit last November, saying the facility would increase traffic, pollution and noise in a rural part of Fryeburg. Nestlé's appeal to the town's Board of Appeals was denied Monday in a 3-1 vote that said the planning board was not in error when it decided the facility did not constitute "low-impact use." Mark Dubois, natural resource manager for Nestle, told the Sun Journal he expects Nestlé will appeal in Superior Court "within the next few weeks."
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Great news. Wonder what blunt instrument Nestle's going to pull out of their bag next to bludgeon the folks of Fryeburg with...
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Looks like Nestle/Poland Spring will have to sue again.. The appeals board voted Monday night to uphold the planning board vote on the remand from Superior Court. The planning board voted late last year that Nestle's contention that 35,000 truck trips a year at this facility did NOT constitute a low-impact project. The appeals board, on a vote of 3-1, agreed with the planning board's decision regarding ... more this truck facility application, that it was not low-impact. On a side note... During the presentation by Nestle's lawyer, Chip Ahrens, stopped and complained about the photographers in the room that were shooting his presentation. He complained that he was bothered by the "noise and flash". That did not stop the photographs from being taken, I might add. (I'll add this from his bio at his law firm's web site... "Prior to joining Pierce Atwood, Chip spent 12 years in the Natural Resources Division of the Maine Attorney General's Office, serving as Deputy Attorney General and Division Chief for eight years. While in the Attorney General's Office, he supervised the State's environmental enforcement efforts and litigated major cases in all areas of the State's environmental laws. He also provided legal advice and representation to the State's environmental agencies, the Governor's Office and the Legislature.") I guess they don't have photographers at the State House....
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Absolutely... We have pics of the players as well, should anyone be interested. Just let me know...
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Sara: Thanks for the info. I knew the matter had been tabled, but of course, didn't know why. Keep us posted, eh?
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"One question, why did the appeals board members go in search of the required materials so they could review them before their meeting?" That comment should have read... One question, why didn't the appeals board members go in search of the required materials so they could review them before their meeting? Sorry, must have been a little "submit comment" happy...
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The Nestle appeal has initially been heard by the local appeals board. It was tabled at the last meeting due to the late arrival of the planning board minutes. One question, why did the appeals board members go in search of the required materials so they could review them before their meeting? Does no one on the appeals board know about being pro-active? Then, it seems that the Nestle appeal might ... more be a bit premature. The decision before the planning board came down on a remand from the Superior Court. Doesn't the judge have to make his ruling on that matter before Nestle can appeal the decision? Seems to me that the people have said that they do not want their rural way of life threatened by 35,000 truck trips a year, 365, 24/7.
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Kevin: Got back from today's fishing trip and found the mud snail story in my alerts email. Damn. Jessica: CalTrout and Trout Unlimited are heavily involved in the Nestle mess here in NorCal. Don't know why it's not an issue in Maine. Aaron: You can just feel the love for Nestle, eh? It's interesting to have close contact with their "on-the-ground" efforts and to then visit their Web site. You'd think ... more they were talking about two entirely different companies.
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There was a blandling turtle sighting near the site of the "proposed trucking" facility in East Fryeburg. Not long after the sighting, there was a program about the turtle on a local television station stating that the turtles are threatened by cars and trucks, and can travel over long distances to get to their habitat. Did Nestle care?? What do you think??
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CalTrout... Trout Unlimited?? Where are they in Maine? No one has heard a word from any sporting group here, let alone from Trout Unlimited. They have not made a peep with regard to the groundwater issue here in Maine. Nor have ANY of the environmental organizations offered any opinions on the groundwater pumping issues here in Maine.
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Tom- Read an article today from the Redding Record stating that the NZ Mud Snails are in Lake Shasta. Which means they're in the Lower Sac. Here's hoping the U. Sac, McC, Pit etc... stay safe. Any word?
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Drew: Thanks for weighing in. Rather than reignite the CalTrout v TU wars from decades ago, I'll say that TU and CalTrout partner on most issues, and I'm happy both are active in the state. I'm aware that TU has more legal muscle than CalTrout (and about 2x the members), but when it comes to actual boots on the ground, I end talking to the local CalTrout folks, and I can't help but notice their leadership ... more position on Nestle, Sisikiyou County stream access, and a few others. There is no local TU organization, hence my potentially myopic stance. I certainly don't mean to denigrate TU's actions, but then again, I don't believe I did. If you want to brief me on TU's activities (as CalTrout often does), then consider contacting me personally instead of claiming supremacy in a blog comment. I believe we're all working towards the same goal.
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I take some offense that CalTrout is doing more than Trout Unlimited in CA.While they do good work at the policy level, they do not have a state grassroots organization or 10,000 subscribers in the state.TU is the lead litigator on the Klamath and the California water policy and has filed more citizen complaints over water diversions than any one NGO. Ultimately, activism bubbles up from local, grassroots ... more level involvement and TU has a much better integrated organization to channel those issues and concerns into action. Drew Irby Chairman-Trout Unlimited of California
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Nestle's going to keep attacking Fryeburg for the same reason they'll do almost anything to protect their rapacious McCloud deal -- there's so damned much money in it for them. Given the 100 year length of the McCloud contract -- at a fixed, already-way-below-market price for water -- you know the long-term profits for Nestle are enormous. They're not a good neighbor. They're a good corporate predator.
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Nestle's will sue Fryeburg for as long as it takes. Western Maine has some of the finest aquifers in the world. The glacier blessed this region with thick deposits of nearly mineral free aeolian and glacial outwash sands.Additionally, clay silt layers serve to funnel the moving groundwater to openings at or near the surface and the geological formations run almost perpendicular to the line of flow ... more of groundwater to the ocean. This helped the glacier to create large sand and water deposits. Because of Maine's unique position on the continent and receiving end of ocean currents and weather patterns rainfall is more uniform throughout the year. Cloudy and foggy days reduce evaporation. In short because of all the combined factors the Fryeburg upper Saco River region is groundwater capital of the world. Nestle's and their super lawyers of Pierce Atwood with strong ties to State government will do or say anything to gain complete control.Studies of which the the present Fryeburg water extraction is flawed. This is not uncommon for water resource studies in Maine where political implications are high.
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AND did anyone mention that they, Nestle/Poland Spring, are "holding" office hours every other week to "chat" with the community. Each week Nestle has a 1/2 to full page advertisement in the local paper talking about what "good citizens" they are, and what THEY are doing to protect the resources (all that while they are sucking only, 170 million gallons a year from the community). And included in ... more that ad is a "trivia" question, something like "Who's the first president of the United States?" IF you answer that question correctly, and come to "chat", then they will GIVE you a case of Poland Spring water, the same water citizens can get for free from the tap! All that while they have yet again appealed the planning board decision to the local appeals board. I ask, "is that the mark of a 'good citizen'?
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[...] online community. The best part is ... it's all 100% free! Check them out here: Join Hey Nielsen! A Small Town in Maine Says quot;Noquot; to Nestl...nbsp;saved by 1 others nbsp;nbsp;nbsp;nbsp;kingkida bookmarked on 01/09/08 | [...]
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Nestle's sales growth has slowed dramatically the last quarter, and most think the backlash against them is finally having an effect.
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Want to make an impact? Don't buy bottled water, period! And everytime you see someone buying "plastic water" in the store Tell them in a forceful, reasoned way, why they shouldn't.
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[...] Dion Almaer article is brought to you using rss feeds.Here you will find the best trucking resources for truckers.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 #8230; [...]
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