In the 1899 case of Ohio Oil Company v. Indiana, the U.S. Supreme Court upheld a state law that allowed for regulation of oil and gas drilling to prevent waste and protect property rights. The State of Indiana had sued Ohio Oil Company for extracting natural gas from an adjacent landowner's property without permission, which was in violation of state law at the time. The company argued that this violated their constitutional right to due process under the Fourteenth Amendment as it deprived them of their property without just compensation or legal proceedings. However, Justice White delivered the court's opinion stating that states have inherent police power to regulate industries within their borders when necessary for public health, safety or welfare - including preventing wasteful practices in oil and gas extraction industry.

In the dissenting opinion for Ohio Oil Company v. Indiana, Justice Brewer argued that the state's regulation of oil drilling was an overreach of its police power and infringed upon private property rights. He contended that while states have a right to regulate certain industries in order to protect public health or safety, this case did not fall under those categories as there was no imminent danger posed by the company's actions. Furthermore, he asserted that if every use of property which could potentially cause harm were prohibited by law, it would severely limit individual freedom and economic progress. Therefore, according to Justice Brewer’s perspective on this case, Indiana had unjustly interfered with Ohio Oil Company's lawful business operations without sufficient justification.