Alliant Energy Corp. v. Bie
United States Court of Appeals for the Seventh Circuit
277 F.3d 916 (2002)
- Written by Miller Jozwiak, JD
Facts
Alliant Energy Corporation (Alliant) (plaintiff) was the parent company of a Wisconsin power utility company. The State of Wisconsin (defendant) had a statutory scheme strictly regulating power utilities in the state. The scheme required (among other things) the following: (1) any corporation that owned at least 5 percent of a Wisconsin utility needed to be incorporated in Wisconsin, (2) holding companies needed to obtain administrative approval before selling 10 percent or more of their stock to a single person, and (3) holding companies could not invest more than 25 percent of their assets in a sector other than utilities. Alliant sued Wisconsin under § 1983, seeking an injunction against enforcement of the statutory scheme. Alliant alleged that the regulations prevented it from reincorporating outside Wisconsin, being able to raise capital, and diversifying its business, which unconstitutionally discriminated against interstate commerce and violated equal-protection principles. Alliant submitted affidavits stating that it would do these things if it were prudent to do so. But Alliant did not specifically identify buyers or a specific state in which it would incorporate. Without those details, the district court concluded that Alliant did not have standing because the injury was speculative. Alliant appealed.
Rule of Law
Issue
Holding and Reasoning (Easterbrook, J.)
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