Muench v. Public Service Commission

The Namekagon Hydro Company (NHC) (plaintiff) applied to the Public Service Commission (PSC) (defendant) to build a hydroelectric dam on the Namekagon River. The conservation commission (defendant)—supported by the governor and attorney general—and several individuals, including V.J. Muench (collectively, Muench) (defendants), objected, claiming the dam would interfere with the right to enjoy the natural scenic beauty of the river in violation of Wisconsin statutory and constitutional law. The river had been protected since the country’s inception, starting with the Northwest Ordinance of 1787 and as reflected in the Wisconsin Constitution. As a navigable river, the river could not be dammed or bridged without express authorization of the legislature. Under applicable Wisconsin statutes, the term navigable expanded from capable of floating large logs to floating any boat, skiff, canoe, or other recreational watercraft. The statutory protections also extended to other public rights, which included all manner of outdoor recreational activities and the enjoyment of scenic beauty. The PSC determined that it would issue a permit for the dam to NHC, and the conservation commission and Muench sought and obtained an unsuccessful rehearing. The conservation commission and Muench appealed the matter to the district court, which ruled that the NHC’s actions were not subject to challenge and Muench lacked standing. Muench appealed to the Wisconsin Supreme Court, contending that he had the right to challenge the NHC decision because the Namekagon River is famous for its scenery, recreational options, and a type of fishing that was becoming rare.