In the case of Air Pollution Variance Board of Colorado v. Western Alfalfa Corp., 1973, the U.S Supreme Court ruled in favor of Western Alfalfa Corporation. The company had been issued a cease and desist order by the state's Air Pollution Variance Board for violating air pollution standards. However, they were not given an opportunity to present their defense before this order was issued. The court held that such action violated due process rights under the Fourteenth Amendment as it did not provide adequate notice or opportunity to be heard prior to depriving them of property interests (the operation of its business). This ruling reinforced that administrative agencies must adhere to basic principles of fairness when enforcing regulations.

In the dissenting opinion for AIR POLLUTION VARIANCE BOARD OF COLORADO v. WESTERN ALFALFA CORP., 1973, Justice Douglas argued that the majority's decision was a departure from established principles of administrative law and federalism. He contended that the Court had overstepped its bounds by intervening in a state matter and second-guessing Colorado’s interpretation of its own laws. The justice believed that it was not within their purview to decide whether or not Western Alfalfa Corp should be granted an exemption from air pollution regulations under Colorado law; rather, this decision should have been left up to Colorado's Air Pollution Variance Board as they were more familiar with local conditions and needs. Furthermore, he expressed concern about the potential implications of this ruling on states' rights and autonomy in managing their own environmental affairs.