As I said, It is an EPIC win for RKLD taxpayers...

To:                        MWFPA Board of Directors & Interested Members

From:                    Nick George, MWFPA

Date:                     July 16, 2013

Re:                        WI Supreme Court Decision – Public Trust Doctrine

A few months ago the Great Lakes Legal Foundation (GLLF) filed an amicus brief on behalf of MWFPA and the Wisconsin Manufacturers and Commerce (WMC) arguing against a court decision that many interpreted as expanding the WI Department of Natural Resource authority over water bodies.  Today the Wisconsin Supreme Court issued its decision in the Rock-Koshkonong Lake District v. DNR case which agreed with our brief and represents a significant victory for all businesses and property owners throughout the state.  Attached is a copy of the press release.

The most relevant part of the court’s decision from the business perspective was its discussion of the public trust doctrine, which was the focus of the GLLF amicus brief. The majority agreed with our analysis that the public trust doctrine does NOT extend beyond the ordinary high water mark and extend to adjacent private, non-navigable wetlands. In reaching its decision the Supreme Court set significant parameters on the public trust doctrine, which will be very helpful going forward in protecting private property.

In addition to the public trust doctrine issue, the Supreme Court held that the DNR must consider the economic impacts on local businesses and property owners on the lake when deciding whether to raise or lower water levels via a dam on the lake. (The DNR and DOJ argued that it had no such duty.)

The case listed above had the potential to expand Lake Beulah by giving DNR authority to regulate private, non-navigable wetlands adjacent to actual navigable waters. Though the decision doesn't directly overrule Lake Beulah, it's a significant step towards reining in DNR's expansive view of its regulatory authority using the public trust doctrine.

Overall, this is a significant victory for businesses and property owners in Wisconsin.  Had the DNR and the environmental groups prevailed in their argument that the public trust doctrine applies to non-navigable private property beyond the ordinary high water mark of navigable water, it would have given DNR nearly unlimited authority to regulate private land adjacent to bodies of water.

For a copy of our amicus brief go here, link to WMC/MWFPA/GLLF’s amicus brief.

If you have any questions regarding this issue please give me a call.

Nick George

President

Midwest Food Processors Association