Effective Regulation of Public Utilities
This Court has never allowed rhetoric as a substitute for a record.
City of Charlottesville v. FERC, 661 F.2d 945, 954 n.47 (D.C. Cir. 1981) (declining to "take on faith" FERC's "trickle down" argument that "funneling" tax savings to shareholders will spur exploration and development)
U.S. District Court for Wisconsin: State corporate structure regulation in relation to the Commerce Clause of the U.S. Constitution
Holding company whose utility subsidiary served Wisconsin consumers challenged in federal court the state’s holding company statute, on Commerce Clause grounds. Under the U.S. Supreme Court’s Pike v. Bruce Church precedent, a state may impose nondiscriminatory burdens on interstate commerce if the state’s purposes are legitimate and sufficient. This testimony, prepared for the State of Wisconsin, describes the state purposes served by utility regulation.