The Public Utility Regulation of Dollar General

As food insecurity persists across the country, few solutions have been proposed to address the lack of access to healthy food in rural regions. This Note explores whether public utilities regulation is a theoretical avenue for addressing rural food deserts. The contribution of this Note is to encourage the recognition of healthy food as a critical public good through a modern public utility lens and build solutions to inadequate food access in rural regions by considering the qualities unique to rural populations. One solution proposed herein is to apply a modern public utility framework to dollar stores, ensuring reliable and affordable access to quality goods. The Note begins by defining rural food deserts through three key characteristics: (1) low-income households; (2) inadequate access to transportation; and (3) limited healthy food retailers. It then illustrates rural food deserts in a West Virginia case study, which further discusses the consequences of unaddressed food insecurity. Next, it examines existing legislation and initiatives addressing rural and urban food deserts. It then goes on to expose urbanormative thinking trends that contribute to the lack of conversations surrounding food deserts in rural communities and their persistence. Finally, it introduces a public utility framework as a new solution to treating rural food deserts, specifically proposing a modern public utility application to dollar stores in West Virginia. It further explores potential challenges to this framework.