The Federal Power Commission v. Tuscarora Indian Nation case in 1959 revolved around the issue of whether or not the Federal Power Act allowed for the expropriation of tribal lands without explicit congressional approval. The Tuscarora Indian Nation argued that their land could not be taken without a specific act from Congress, citing an earlier ruling (Federal Power Commission v. Oregon) as precedent. However, the Supreme Court ruled against them in a 6-2 decision, stating that while it was true that tribal lands were generally protected from seizure under federal law, this protection did not extend to cases where there was "a clear expression of Congressional intent" to allow such seizures - which they found existed within the language and history of the Federal Power Act itself.

In the dissenting opinion for Federal Power Commission v. Tuscarora Indian Nation, Justice Brennan argued that the majority's interpretation of the Federal Power Act was incorrect and unjustly infringed upon tribal sovereignty. He contended that Congress did not intend to include reservation lands within its definition of "public lands" in this context, as it had historically recognized and respected Native American tribes' rights to their own territories. Furthermore, he pointed out inconsistencies in how federal laws were applied to reservations across different cases, suggesting a lack of fairness and respect for tribal autonomy. In his view, if Congress intended to seize reservation land for public use under eminent domain powers granted by the Federal Power Act, it should have explicitly stated so in clear terms rather than leaving room for ambiguous interpretations.