nestle contested case hearing finally begins

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Summer 2019 Nestle Contested Case Hearing Finally Begins May 20-24, 2019 It was a small hearing room and the Judge had ruled that media could not film witnesses or tape the sessions. So the first day only channel 4 out of Detroit showed up with a camera, took a few shots of the audience and left. No other media was present throughout the four days. The audi- ence consisted of the experts who were sched- uled for cross-examination, a small clump of Nestle folks huddled in their corner, and a few MCWC board members, as well as three MCWC members who showed up to support the first day. Using a streamlined process initiated by Judge Pulter, this hearing was for cross-examining expert wit- nesses who had already submitted written testimony to the court. It was also designed to introduce all the testimony formally into the record, including testimony of those not being cross-examined. As witnesses were called and questioned by three sets of attorneys, it became clear to the Judge that not all data had been entered completely, particularly by Nestle, and he insisted that it be done. After all, Nestle had been asked three times by the DEQ to submit additional data before the permit was issued. The Judge wanted all that in the record as well. Testimony was quite technical, complicated, and often seemed redundant. Though I took pages of notes, it was really impossible to make sense out of most of them after it was over. Fortunately the court reporter transcribed everything and that record will be turned over to the attorneys for the next steps. The issues addressed were scattered around the differing interpretations of each side as to what the law requires. For example Nestle attempted to show their 15 years of data collection meant that they had all the information needed to show no impact from raising the pumping to 400 gallons per minute. They ex- plored the brilliance of their computer models, offered charts to show their extensive monitoring and as- sured us that their renowned modeling expert, Dr. Andrews, knew everything there was to know about the Muskegon River Watershed and the history of pumping impacts to date following his predictions. It was a good show. At one point Nestle produced a highly questionable chart that claimed there had been no pumping from 2009-2015, which took us by surprise. Of course there had been, it was just not continuous pumping at the same rate every day. That got straightened out the next day. Nestle also suggested that their new monitoring program, required as a condition of the new permit, will be in place soon, but the old one is really just as good and gave some amazing results. For example, we were told that the seeps never dried out no matter how much was pumped. We wonder how they can explain the pictures we have of dry seeps. We had chosen not to argue for a ruling on ad- verse resource impact at this time as there may be a need to do so in a future appeal and we needed to preserve the data until then. The law is a bit sticky on this issue. There was however a good deal of testi- mony that touched on showing impacts as it related to the DEQ’s contention that they had done due dili- gence in granting the permit and had taken impact into account. Connued on page 2

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Page 1: Nestle Contested Case Hearing Finally Begins

Summer 2019

Nestle Contested Case Hearing Finally Begins

May 20-24, 2019

It was a small hearing room and the Judge had ruled that media could not film witnesses or tape the sessions. So the first day only channel 4 out of Detroit showed up with a camera, took a few shots of the audience and left. No other media was present throughout the four days. The audi-ence consisted of the experts who were sched-uled for cross-examination, a small clump of Nestle folks huddled in their corner, and a few MCWC board members, as well as three MCWC members who showed up to support the first day. Using a streamlined process initiated by Judge Pulter, this hearing was for cross-examining expert wit-nesses who had already submitted written testimony to the court. It was also designed to introduce all the testimony formally into the record, including testimony of those not being cross-examined. As witnesses were called and questioned by three sets of attorneys, it became clear to the Judge that not all data had been entered completely, particularly by Nestle, and he insisted that it be done. After all, Nestle had been asked three times by the DEQ to submit additional data before the permit was issued. The Judge wanted all that in the record as well.

Testimony was quite technical, complicated, and often seemed redundant. Though I took pages of notes, it was really impossible to make sense out of most of them after it was over. Fortunately the court reporter transcribed everything and that record will be turned over to the attorneys for the next steps. The issues addressed were scattered around the differing interpretations of each side as to what the law requires. For example Nestle attempted to show their 15 years of data collection meant that they had all the information needed to show no impact from raising the pumping to 400 gallons per minute. They ex-plored the brilliance of their computer models, offered charts to show their extensive monitoring and as-sured us that their renowned modeling expert, Dr. Andrews, knew everything there was to know about the Muskegon River Watershed and the history of pumping impacts to date following his predictions. It was a good show. At one point Nestle produced a highly questionable chart that claimed there had been no pumping from 2009-2015, which took us by surprise. Of course there had been, it was just not continuous pumping at the same rate every day. That got straightened out the next day. Nestle also suggested that their new monitoring program, required as a condition of the new permit, will be in place soon, but the old one is really just as good and gave some amazing results. For example, we were told that the seeps never dried out no matter how much was pumped. We wonder how they can explain the pictures we have of dry seeps. We had chosen not to argue for a ruling on ad-verse resource impact at this time as there may be a need to do so in a future appeal and we needed to preserve the data until then. The law is a bit sticky on this issue. There was however a good deal of testi-mony that touched on showing impacts as it related to the DEQ’s contention that they had done due dili-gence in granting the permit and had taken impact into account.

Continued on page 2

Page 2: Nestle Contested Case Hearing Finally Begins

For the lay person sitting in the courtroom, much of this circular testimony and questioning seemed unreal and often tedi-ous. However, it points to the central arguments of our attorneys which are in opposition to those of the DEQ and Nestle. Whereas they believe computer modeling and data collected only by Nestle offer justification for the permit, we contend that the law requires realtime data collection and a program of independent monitoring prior to granting a permit, not after the fact. It was clear that the DEQ had a different interpretation of Section 17 of the Safe Drinking Water Act than we do. The Judge will have to wade through all the convoluted testimony and questioning and determine what the law actually re-quires and if Nestle met the requirements. The DEQ was eloquent in defending the process it engaged in and the experts it relied upon to grant the permit. It was defi-nitely the old DEQ defending its record. We of course had hoped the new EGLE would look at this case and pull the permit for review and re-submission under the actual laws in place since 2008. That didn’t happen. DEQ attorneys and experts made it clear that they relied solely on data provided to them by Nestle to reach their conclusions, and spent hearing time reinforcing the arguments of Nestle about the integrity of their data and operation. They even went so far as to elicit com-ments from Nestle PR spokesperson Arlene Anderson-Vincent about the economic importance of Nestle operations and how damaging it would be if the permit were denied. Asked how much money Nestle made as the State purchased water from Nestle for the Flint Water crisis, Anderson-Vincent said “Nestle got no renumeration from the state for water donated to Flint.” She claims they never got paid for Flint water donations through the State. We of course question this assertion and hope someday there will be a surfacing of records on this. There was plenty of data and questioning offered about pump tests, aquatic surveys, perched wetlands, stream flows, inte-grated surface and groundwater models, evapo-transpiration, etc. There is a reason we are willing to pay experienced at-torneys to sort through this mountain of testimony for us. We believe once the mountain of testimony and cross-testimony is sorted out our legal case will prevail. Of course we do not know how the Judge is going to rule. But those of us who were in the courtroom can say that he seemed quite deter-mined to get a clean and complete record on the books. His rulings seemed fair, and his streamlined procedure for this hearing saved all of us from sitting in court for a month and racking up much larger bills. It is likely that this record will get passed on to an appeals process by whichever side is dissatisfied by his ultimate ruling. Our attorneys did their best to establish a record that supports our main arguments in this contested case. The public hear-ing is just one step. The attorneys agreed on a schedule for the remaining features of this case. Rebuttal testimony and stipulated exhibits (those the Judge specifically requested and those all agree should be entered) are due August 1. Open-

ing briefs are due September 18, Response briefs by October 16. Then the Judge rules. If we don’t like it we can first appeal to a panel within the DEQ (now EGLE) and then it goes to circuit court. In the meantime Nestle cannot increase its pumping and in fact does not intend to for a year or so as they still have to get the monitoring system in place. They also still have to deal with the booster station ruling on the township, which is awaiting its day in appeals court. We have been paying our legal bills so far, but a few months ago as prepa-ration for the hearing geared up, we started to fall behind as expected. We are fundraising and expect to eventually pay our debts as we did the last time we took Nestle on. This time we do not expect it to be as costly and certainly hope it will not take as long. It isn’t a lawsuit. However, there is no avoiding the amount of work that goes into preparing for these things. That means legal bills. We currently owe about $76,000 and will probably only be able to pay off $10,000 of that this month. We are certainly grateful to all those who are helping with these bills as we also maintain enough in our treasury to continue the other work MCWC has been doing. Thanks for the continued support of our members. You are the core of our work. ~ Peggy Case

Nestle Contested Case Hearing Finally Begins (continued from page 1)

Page 3: Nestle Contested Case Hearing Finally Begins

Community Unites to Speak Out Against U.S. Ecology

On March 28th, hundreds of people poured into

Bridge Academy, a school less than a mile from US

Ecology hazardous waste plant, to protest the

stockpiling of toxins at the plant. They represented

the diverse vibrant community around the plant at

6520 Georgia Street in Detroit. Some taped hand-

made signs to the walls reading: Remember Flint!

We want Clean Water! US Ecology is toxic! Along-

side, the Coalition to Oppose the Expansion banner

read: Stop the Poisoning of Our Community!

Michigan Department of Environmental Quality held

the public meeting only after the Great Lakes Envi-

ronmental Law Center formally protested the side-

lining of the immigrant community in the original hearings in 2015. After being confronted with this illegal discrimination,

MDEQ agreed to this meeting with Arabic and Bengali translators and information for the community. The plan was to enable

participation of the tens of thousands of immigrants. It also provided a long overdue opportunity for the largely Afro-American

and other residents in the community to learn about this threat to the community and have a say.

Residents have been fighting this nine-fold expansion of the toxic waste facility since it was first quietly reported in 2015. In

recent months the Coalition along with other concerned residents from the community worked to create educational Power

Points in Arabic and English, informational fliers in Arabic, Bengali and English and organized or spoke out at meetings,

some in the mosques, to discuss the health effects of the toxins, the lack of monitoring of the community's health, the risk of

spills, the lack of testing of soil and groundwater, the potential harm to our drinking water from the toxins dumped into public

sewers and the underlying environmental racism that places this predominately poor Afro-American and immigrant communi-

ty in harm's way.

The evening of the meeting the community came out in force eager to speak their concerns. But MDEQ completely failed to

uphold it's part of the agreement. They brought no translators for the presentation or for questions and answers. They merely

set translators up in the back corners to answer one on one questions. MDEQ's Power Points in Arabic and Bengali didn't

work and even the English presentation was muddled by their own faulty equipment. Many left in disgust as MDEQ failed to

give information clearly in any language. Eventually, the state agency gave up and agreed to turn over the meeting for the

community's comments. Someone found a microphone

that worked, community leaders came forward to translate

(which they had previously volunteered to do for MDEQ)

and individuals lined up to speak. And speak their minds

they did.

A representative for Wayne County Executive Warren Ev-

ans opened by pointing out the problem of all the trucks

and the potential for accidental spills, the cumulative effect

of poisons and the poor health of residents. He ended by

saying Wayne County is becoming the capital of waste

disposal in the US and opposed any expansion of US

Ecology which would only contribute to the county's waste.

Photo by Jim West

Page 4: Nestle Contested Case Hearing Finally Begins

**********************************************

Community Unites to Speak Out Against U.S. Ecology (continued from page 3)

The immigrant community then, finally had its say, especially the youth, who were the first in line to speak:

One student spoke of all the chemicals going into

the sewers. He said there are elevated levels of

arsenic in the water in Bangladesh and that he

didn't want that here.

A teenager asked for testing to determine what is

in the soil in their backyards. My 2-year old broth-

er plays in that soil. We love our kids and want to

protect them, he said.

Another teenager said MDEQ allowed the poison-

ing of Flint and has allowed our county to become

the most polluted in Michigan. He concluded by

demanding that MDEQ put the good of future

generations before the interests of business.

A teacher and mother then spoke of children's learning disabilities due to lead. She demanded clean water, not water

laced with arsenic, cyanide and other toxins that can harm a child's development.

A graduate student sited an article from Environmental Research which shows a consistent pattern of putting hazard-

ous waste in communities of color, underlying the environmental racism of it all.

A Catholic sister raised concerns of the effect of the combination of chemicals. She said no one is tracking what is

happening to our health or following the precautionary principle. [Knowing the effect of the chemicals and combination

of chemicals on human health before unleashing them on the community.]

Towards the end of the testimonies an elderly gentleman thanked the community and its organizations for getting

united in this movement. He said: Someone tried to marginalize this community four years ago during the initial hear-

ings. We are now working with… (a number of organizations including the coalition) to oppose the expansion. He then

requested of MDEQ: Please reconsider your plan to approve the expansion.

The next day, about 150 residents marched on US Ecology hazardous waste plant to emphasize the determination of the

community to block more waste from coming to their community.

Since MDEQ provided no information to the residents in Arabic or Bengali and the question and answer period didn't take

place, the coalition is requesting another public meeting or meetings before the permit is signed. The positive side of this

fight is that hundreds in the community have participated and joined forces to fight for clean water, air and soil and against

turning Wayne County into the country's dumping ground. ~ Diane Weckerle

Photo by Jim West

Good News Water Protectors!

Recently an application was made to the DEQ for a permit to plug the Swanson 4-7 class II Injection well in Johnstown Twp.

Yay! A well of this kind is used to 'dispose' of liquid oil and gas well waste and is known to lead to earthquakes.

If you recall, this well was a 'dry' well so they decided to make it into an injection well. We first learned about this in Sept.

2016 and launched a successful letter of opposition campaign generating over 100 letters/emails to the EPA. We were

granted a Public Hearing held here in Hastings at the Library which resulted in a huge community turn out.

I want to thank all of you activists who participated in writing letters and/or speaking at the Public Hearing! The Fair Lake

Association was instrumental in researching and leading this effort. I would also like to thank the Michigan Citizens for Water

Conservation MCWC for their unflagging support, education and guidance! We are Rising Up!

~ Jackie Schmitz 'Never the less she persisted'

Page 5: Nestle Contested Case Hearing Finally Begins

Osceola County Wetlands

ACTION ALERT: EPA Permit Wayne County Solution mining and Injection Wells

Once again the EPA is preparing to issue permits for solution mining and injection wells, this time in rural Wayne County by applicant Buckeye Terminals, LLC from Emmaus, Pennsylvania. It may be interest-ing that the Limited Liability Company hails from an area not far east of the fracking area for the Marcellus Shale. They have

applied for one Class III permit for solution mining for salt and five permits for Class I non-hazardous injection wells. “The Class III area permit covers 4 proposed cavern wells to be excavated by solution mining of the Salina B Salt formation via pressurized injection of fresh water and mineral oil or nitrogen gas to a depth of 1070 feet”… “Brine (salt water) created from injection of fresh water (not to exceed 1.8 mil-lion gallons per day) will be injected for disposal into any of the five proposed Class I wells… to a depth of 3470 feet.” “The completed caverns will later be used for storage of liquified petroleum gas.” (Propane) However, the Company is not bound by that intended storage for its investors. Fracking waste possible? —(quotes from the EPA document seeking comment by deadline July 3) What could possibly go wrong here?

Let us list a few areas of concern: 1.) Primary aquifer is 350 feet below the surface. It is supposed to be separated from the min-ing operation by impermeable rock formations per the typical geological succession charts and fancy well casings. However, as with all injection wells, the so-called non-hazardous fluids will not be put in a container, they will be dumped in a “confining” layer under the assumption that fluids do not migrate anywhere and there are never cracks in rock formations or nearby abandoned shafts from past oper-ations. In other words, as usual, the EPA expects an alternate reality that doesn’t always pan out in the real world. There is always a danger of leaks at the surface, migration with existing drill sites, or earthquake events and cracks. All of these dangers have proven real in numerous locations around the country.

2.) 1.8 million gallons of fresh water a day turned into salt solution and removed from further use seems like a really serious waste of a precious resource. This is in Wayne County, the location of a water department that has chosen to shut off water to over 100,000 residents who could not af-ford the high bills common in the area. Yet we are supposed to turn over this much water from the commons to an LLC from Pennsylvania?

3) Salt is already mined in the Detroit area and it is certainly possible there is not a real market for more of it. There is no market for the potash the EPA has tried to let a Colorado LLC mine in Os-ceola County. Will the caverns created eventually be used to store toxic waste from elsewhere to re-cover costs of excavation or to simply store propane as they now claim? Either way we are asked to approve the further use and storage of fossil fuel products at a time of climate crisis. We are being asked to continue turning Michigan into a toxic waste dump to service the needs of the fossil fuel in-dustry, at the expense of our fresh water and as a continuing diversion from the necessary creation of renewable energy options. We don’t need more holes in the ground, more toxic brine, more stor-age spaces for the waste of an obsolete industry.

Public comment on this was open until July 3. We encouraged you to demand a public hearing on these permits. If enough people do they have to have one. Then we can raise a multitude of con-cerns and ask our questions. Go to our website action alert for addresses and instructions to send comments.

Thank You, Michigan Citizens for Water Conservation Board

Page 6: Nestle Contested Case Hearing Finally Begins

Five Years Later Michigan AG Stuns Flint Community

It should be clear to the people of Michigan that the Flint Water Crisis isn’t close to being over. No one has been held accountable for the crimes that produced it. Service lines are not all replaced, appliances and in-house lines are still com-promised, people are still getting sick from bacteria in filters and toxins in some of the water. Now we learn that charges have been dropped against the few who didn’t plea bargain their way out and records are to be expunged for those who bargained. The State will start over with a new investigation supposedly based on uncover-ing masses of new evidence that had been conveniently closeted in a govern-ment basement by the Snyder regime. Charges may some day be leveled again on those exonerated now. It is no surprise that many are highly skeptical that this new investigation will result in any benefit. They have watched as the public treasure has been wasted for three years while avoiding accountability. The State has already spent millions of taxpayer money working on both sides of the legal arena. The civil lawsuits filed on behalf of those harmed have been appealed all the way to the Supreme Court by the same State office that is now saying the people will get justice and relief from a new criminal investigation. On the campaign trail Attorney General Nessel promised to settle the civil cases. Instead of doing that her office continues to spend money taking the appeals to the Su-preme Court. Why aren’t the appeals being suspended along with the criminal charges and why aren’t the people finally given their due compensation after five long years? The independent prosecutor, Todd Flood, hired to conduct the investigation, and supported by the community, has been fired. Was that because he was planning to pursue the back story under this crisis which is the dealing that went into pri-vatizing Flint’s water infrastructure in the form of the KWA? Will the new investigation expose this important part of the sto-ry or cover it up? People in Flint are highly skeptical these days. They have been used and abused way too much over the last five years and more. The abuse escalated when the State under Snyder took away the revenue sharing money Flint needed to upgrade its own infrastructure, paving the way for Emergency Managers to take over a financially strapped city and turn its assets over to private shareholders. We are still waiting for those engaged in attempting to secure public assets for private corporate profit to have their day in the courts of the people. The people of Flint are now saddled with a bill of millions of dollars a year to pay off the bondholders for that private pipeline they will never use. There has been no justice for the people of Flint. They still have some of the highest water bills in the country for still ques-tionable water and debts from the times when they were charged for undrinkable water. People are still losing their homes. Children will continue needing lots of interventions to deal with the lead poisoning they endure. Nestle is still having a PR hay day “donating” the water of the commons in single use plastic bottles. Meanwhile the people affected feel they must purchase purified tap water to get past the toxins in minimally tested spring water from Nestle and others. No charitable tax write offs are on the horizon for the average citizen. We would like to believe that the new Attorney General and new prosecutor will figure out how to bring justice to the peo-ple of Flint instead of working for the corporations that bring us these crises in the first place, as previous administrations have done. The community will remain engaged and continue to work for justice as it defines the term. As Claire McClinton from Flint Democracy Defense League says, “Corporate interests cannot continue to get favor from people we elected to represent us.” Corporations are not people. Let the new investigation pay attention to the needs of people and the de-mands of a democratic process. Peggy Case MCWC, Claire McClinton, Flint Democracy Defense League

Page 7: Nestle Contested Case Hearing Finally Begins

When Will Legislature Act on Affordability? Nearly 200,000 residents of Detroit have had their water shut off in the past five years for inability to pay their bills. Low-income residents pay upwards of 10% of their income on water and sewage bills -- among the highest in the country. Veo-lia, the French corporation working worldwide to privatize water infrastructure, was consulted by the State appointed Emer-gency Manager for leasing most of the Detroit Water and Sewage Department (DWSD) to the newly formed Great Lakes Water Authority (GLWA). In the deal, Detroit lost control of its own system and is required to foot the bill for infrastructure repairs. Detroit residents have found their water and wastewater rates going up as a result. GLWA now controls the majori-ty of voting decisions allowing more control by suburbs customers and corporations. Behind it all is the move to privatize control of one of the country’s largest water systems. The People’s Water Board (PWB), Michigan Welfare Rights Organization (MWRO) and numerous groups in alliance with them, such as MCWC, have been raising awareness, organizing to stop shut-offs and promoting the human right to water. There is yet no justice in Detroit. The shut-offs continue. Without residential water service, people lose their homes and they sometimes lose their children. Long-time black residents are deemed expendable as neighborhoods are gentrified, family homes are foreclosed and land is claimed for profitable development. In 2005, MWRO presented Detroit City Council with the landmark Water Affordability Program allowing for low-income res-idents to pay for water and sewage bills based on what they could afford, thereby, ending massive shutoffs and promoting health. It was never implemented. In recent years, the PWB has co-authored several bills with Michigan Senator Stephanie Chang – along with MWRO, Michigan Legal Services, United Community Housing Coalition, Natural Resources Defense Council – that would institute statewide affordability, make rates and billing practices transparent, decriminalize unauthor-ized water usage; and enact consumer protections. The legislation has languished in committees for several years in Lan-sing and must be brought forward for hearings to be enacted. Meanwhile, our battle with the Nestle water grab in Evart highlights the injustice of 210 million gallons of public water given to Nestle for only $200 a year while Detroiters are shut off for less than $150 in arrears. If residents paid the Nestle rate, our bills would amount to less than a dollar a year. Residential water shut-offs must end, corporate subsidies must end and control of the public water system must return to the people. The revenue sharing resources stripped from Detroit and other Michigan cities under the Snyder Administra-tion must also be returned so that infrastructure can be repaired. “Water is Life” is a fact, not just a slogan. The People’s Water Board coalition is at the center of the movement for water justice in Detroit. MCWC is in full support of its mission and actions. Peggy Case (MCWC) and Sylvia Orduno (People’s Water Board)

Page 8: Nestle Contested Case Hearing Finally Begins

Mama Lila Cabbil, Water Warrior - Celebration of Life

Mama Lila Cabbil's Celebration of Life was held on May 18th in Detroit.

Family, friends and fellow activists came to remember and celebrate Lila's

life and her long history of struggle for the basic human right to water and

against racial and social injustice.

Lila was a founding member of Detroit Peoples' Water Board (PWB) from

whose platform she fought passionately for water affordability and against

the shutoffs. In 2017, she led the PWB delegation's to Big Rapids for the

public hearing on Nestle's water takings in Evart.

The packed auditorium listened respectfully to Lila's clear, authoritative

words against the privatization of water. She spoke of the water shutoffs in

Detroit and the subsequent loss of family and homes for tens of thousands of

Detroiters who are billed a third of their income, regardless of their ability to

pay. Then she contrasted the financial burden on residents to meet their basic

need for water, to the giveaway of public water by the state for corporate

profit. She ended by calmly condemning the legal theft of water by Nestle

Corporation and demanded that this disparity be ended and the Nestle permit be denied.

And this was after a three and a half hour bus ride from Detroit, during which Lila picked up the microphone

at the front of the bus and turned around and taught all of us the history of the water crisis in the city. She

taught us the history of the Detroit Water and Sewerage Department and the unjust agreement that was created

under Emergency Management during which the Great Lakes Water Authority gained control of the water

system that the city had built up since the early 1900s. And she taught us of the unjust agreement in which De-

troiters are burdened with responsibility of maintaining a system long neglected and desperately in need of re-

pair. -- The background for the fight for affordability, access and the human right to water.

Lila was also committed to the people of Flint in their struggle against the poisoning of their water and against

lead in the water of Detroit public schools. She was a founding member of Water is Life Alliance, a young co-

alition of water activist organizations, rooted in social justice and she was a leader in the fight against racism

and for welfare rights and the rights of the disabled.

Representatives from organizations walked up to the front of the sanctuary and offered gifts of thanks to Lila's

family as tokens of gratitude for her passionate work and leadership. Representatives from MCWC took up a

small wooden bowl filled with water and rocks from around the Great Lakes. Many spoke of Lila's work, root-

ed in love. ~ Diane Weckerle

Fundraisers Can be Fun and Meaningful

MCWC recently held two fundraisers for the Nestle Contested Case Legal Fund in partnership with faith communities and singing

groups. We raised some money and also were able to highlight some of the work of MCWC over the last few years.

Singing Sisters of Northern Michigan and Gaia Women of the Great Lakes Basin partnered with the Peace and Justice Team of St.

Andrews Presbyterian Church in Beulah, near Traverse City, to produce an evening of song, poetry and education, centered on the

music of Carolyn McDade and Friends. The audience really enjoyed the music and MCWC really appreciated the generous donations

of audience and singers.

A second concert fundraiser was held in Troy, outside of Detroit, sponsored by the same singing groups along with the Social Justice

Community of Shir Tikvah. In fact every committee of that congregation sponsored the concert and a folksong set was included featur-

ing two Rabbis from Shir Tikvah. We were joined by speaker Sylvia Orduno from the People’s Water Board

We are grateful to all those who helped with these events as well as those who donated even though they could not be there. Thank

you. We encourage our members to create other fundraising opportunities for us. If anyone wants the choral groups (all volun-

teer) to participate in future events, contact Peggy Case at 231-275-2244 to arrange.

Page 9: Nestle Contested Case Hearing Finally Begins

Become a Member

Please send this form and your check to: Michigan Citizens for Water Conservation, P.O. Box 1, Mecosta, MI 49332

Name ____________________________________________________________________

Address __________________________________________________________________

City ____________________________________ State __________ Zip ______________

Email ____________________________________________________________________

Membership/Donation Level: Titled Donations Dedicated to:

Student ($10) _____ Individual ($25) _____ Nestle Legal Fund _____

Family ($50) _____ Wetland Donor ($100) _____ Potash Legal Fund _____

River Watershed ($250) _____ Great Lakes Donor ($500) _____ General Fund _____

LINE 5 MUST BE SHUT DOWN IMMEDIATELY

All the debate in the world about the merits of numerous studies, the

wisdom of a tunnel to be built in two years or ten, cannot mask the

fact that Line 5 is way past retirement age and must be shut down

now. MCWC has been part of the Oil and Water Don’t Mix Coali-

tion that makes this demand and continues to make it. The Snyder

backroom deal has been declared illegal and a halt was called on fur-

ther implementation of the deal, pending negotiations with the new

Governor and Enbridge and resolution of the legal challenges to the

continued existence of the Line. Violations of the original easement

agreement should have shut it down years ago.

Enbridge has sued to reinstate the Snyder deal, thus attempting to distract us from the primary action that

must be taken now - Line 5 must be shut down, decommissioned, cancelled, whatever words one wants to use.

It is decaying. It is past its due date. It is unnecessary and brings little benefit to anyone in Michigan. It is a

shortcut for tar sands oil from one Canadian location to another. It continues the myth that there is a fossil fuel

extraction future that will save us. There is none. The claim that the UP needs it for propane is patently ridicu-

lous. They get cheap propane from Wisconsin with no real need for that pipeline. The construction jobs prom-

ised for a tunnel could easily be offered for construction of the renewable energy future we must aim to build.

There is plenty of other work available in construction these days.

There is nothing to negotiate with Enbridge when it comes to protecting the Great Lakes and designing a re-

newable energy plan. They are only concerned with corporate profit. We are concerned with our children’s

future. Shut Down Line 5 Now remains our demand.

Michigan Citizens for Water Conservation Board

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MCWC Board Members Peggy Case, President Shannon Abbott, Vice President Jennifer Fassbender, Secretary Chris Swier, Treasurer John McLane Jim Maturen Diane Weckerle Ken Ford Wendy Nystrom

Please help support MCWC as we continue

to support communities through research,

information distribution, and coalition building.

Together, we can help to stop the privatization and

commodification of our natural water resources.

Water is Life.

[email protected]

Michigan Citizens for Water Conservation

P.O. Box 1

Mecosta, MI 49332

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Your Donation and Membership is how we fund our organization.

MCWC is A 501c3 grassroots group organized in December 2000. Our mission is to protect our surface and ground waters from

pollution, plunder and privatization through education, advocacy and actions. We work to protect and promote human and

ecosystem rights to water and defend the public trust doctrine. All staff are volunteer. Your donation is tax-deductible.

Please send your check to P.O. Box 1, Mecosta, MI 49332

Or pay via our Website: www.saveMIwater.org We promise to apply your donation to the work of saving our waters into the 7th Generation.