Sz Enterprises, LLC D/B/A Eagle Point Solar v. Iowa Utilities Board, a Division of the Department of Commerce, State of Iowa

I respectfully dissent and would uphold the determination of the Iowa Utilities Board (the Board) that Eagle Point Solar (Eagle Point) is a public utility. To my mind, the majority opinion is a good case study on the limits of judicial competence and why the legislature wanted us to defer, in large part, to the regulatory agency.

As I read the majority opinion, my colleagues appear to be substituting their expertise on utility regulation for that of the Board. Consider the following excerpts:

There are, however, significant barriers to the installation of on-site solar energy facilities. The…