Part Three. Jurisdiction: State, Federal and Future

• Author: Scott Hempling
• Pages: 355-355

355

The power to regulate rests in both state and federal hands. Bounded by the Commerce

Clause, the Tenth Amendment, and the Supremacy Clause, legislators enact statutes and

regulators issue orders. How their actions interact—cooperatively, independently, indif-

ferently, disagreeably—is the subject of Chapter 12.

Public utilities build and maintain the physical infrastructure that brings some stability

to modern life. Yet regulation’s legal infrastructure is anything but stable. Policymakers

are rethinking the purposes of regulation, and the roles and responsibilities of regulators

and legislators. Courts are rethinking Congress’s powers under the Commerce Clause

and government’s relationship to property owners under the Takings Clause. What these

uncertainties mean for regulation’s future is the subject of Chapter 13.

PART THREE

Jurisdiction

State, Federal and Future

ENV Hempling Pub Util Final.indd 3558/7/13 4:38 PM