In the case of E. I. Du Pont De Nemours & Co. v Train, Administrator, Environmental Protection Agency (EPA), 1976, the Supreme Court was asked to determine whether or not the EPA had authority under The Federal Water Pollution Control Act Amendments of 1972 to issue regulations limiting the discharge of pollutants into navigable waters from existing industrial point sources such as plants and factories. The court held that Congress intended for these standards to be set by industry category and based on what could be achieved through best available technology economically achievable within each category rather than individualized permit-based determinations made by states with federal oversight. This decision affirmed that it is within EPA's power to regulate pollution in this manner.

In the dissenting opinion for E. I. Du Pont De Nemours & Co. v Train, Justice Powell argued that the Environmental Protection Agency (EPA) had overstepped its authority by setting effluent limitations under Section 301 of the Federal Water Pollution Control Act Amendments of 1972 without considering individual plant variances as required by Section 316(b). He contended that Congress intended to balance environmental protection with economic considerations and technological feasibility, which necessitates a case-by-case approach rather than blanket regulations. Furthermore, he believed that such an interpretation was consistent with both legislative history and statutory language. The majority's decision to uphold EPA's broad regulatory power in this context could potentially undermine industrial development due to excessive compliance costs and lack of flexibility in meeting pollution control standards.