In the 1975 case National Association for the Advancement of Colored People (NAACP) et al. v. Federal Power Commission, the NAACP challenged a policy by the Federal Power Commission (FPC) that allowed natural gas companies to pass on tax increases to consumers without prior approval from FPC. The NAACP argued this policy disproportionately affected minority and low-income communities who were already burdened with high energy costs. However, Supreme Court ruled in favor of FPC stating that it was within their authority under Natural Gas Act to allow such adjustments without public hearings or other procedural requirements usually associated with rate changes. The court further stated that any potential discriminatory impact did not violate Fifth Amendment rights as there was no evidence suggesting intentional discrimination by FPC or gas companies.

In the dissenting opinion for the case of NAACP v. Federal Power Commission, Justice William O. Douglas argued that the majority's decision to uphold FPC's refusal to consider racial discrimination in its licensing process was a misinterpretation of both statutory and constitutional law. He contended that Congress intended for public interest considerations, such as civil rights issues, to be included in regulatory decisions when it established agencies like FPC under broad mandates. Furthermore, he asserted that by ignoring evidence of racial discrimination within regulated companies, FPC violated equal protection principles inherent in Fifth Amendment due process guarantees. In his view, administrative convenience or fear of expanding agency responsibilities should not excuse federal regulators from addressing serious societal problems like racial injustice.