Paul Boerger

Without comment, the California Supreme Court declined to review a January 2007 Third
Appellate Court decision that reinstated the contract between Nestle and the McCloud
Community Services District for Nestle to build a water bottling plant on the outskirts of the
town.
The Appellate Court decision overturned a 2005 ruling by Siskiyou County Superior Court Judge
Roger Kosel who found the contract had violated CEQA in that a CEQA review should have
been completed prior to an agreement with Nestle.
Nestle and the MCSD had been sued by a local citizens group, Concerned McCloud Citizens,

Concerned McCloud Citizens have announced their intention to appeal to the California
Supreme Court a January 2007 Third District Appeal Court’s decision reinstating the
contract between Nestle and the McCloud Community Services District.

The contract to build a water bottling plant in McCloud was overturned in 2005 by
Siskiyou County Superior Court judge Roger Kosel. Nestle appealed the decision to the
Supreme Court which declined to review the case. Nestle’s appeal to the Third District
court overturned Kosel’s decision earlier this year.

The public comment period on the proposed McCloud Nestle bottling plant draft
Environmental Impact Report has ended and the task of sorting out the 4,000 comments
and including them into the final EIR is underway.

“All of the comments will be included in the final EIR,” said Mark Teague, president of
Pacific Municipal Consultants, the company contracted to complete the EIR. “Nothing
will be left out.”

Teague said the final EIR will not be ready for delivery to the Siskiyou County Planning
Commission until the spring 2007.