Federal Judge Wants More Details Before Ruling in Nestle Lawsuit

A federal judge Monday said he needed more information before he can determine if the government has erred in allowing Nestle to continuously withdraw millions of gallons of water annually from Strawberry Creek — 28 years after the company’s permit expired.

Judge Jesus G. Bernal asked both U.S. Forest Service attorney Andrew Smith and Matt Kenna, representing the environmentalist-plaintiffs, to provide briefs examining whether certain U.S. Forest Service regulations fall under the Federal Administrative Procedures Act, which proscribes how the federal government goes about its business.