In the 1970 case of Triangle Improvement Council et al. v. Ritchie, Commissioner, State Road Commission of West Virginia, et al., the U.S Supreme Court dealt with a dispute over highway construction in West Virginia. The plaintiffs were local residents and organizations who opposed the proposed route for Interstate Highway I-70N on environmental grounds. They argued that it would cause significant harm to Wheeling Creek watershed area's natural beauty and recreational potential while also disrupting community life by displacing many families from their homes. The defendants included state officials responsible for planning and approving the project under federal law which required them to consider its social, economic, and environmental impacts before making a final decision. The court ruled in favor of defendants stating that they had complied with all necessary procedures under federal law when choosing this particular route for I-70N despite plaintiffs' objections about its negative effects on environment and community life.

In the dissenting opinion for Triangle Improvement Council et al. v. Ritchie, Commissioner, State Road Commission of West Virginia et al., Justice Hugo Black disagreed with the majority's decision to halt construction on a highway in West Virginia due to environmental concerns raised by local residents and conservation groups. He argued that such decisions should be left up to elected officials who are accountable to voters rather than unelected judges. Furthermore, he believed that halting progress on public works projects could have serious economic consequences and potentially infringe upon states' rights. Justice Black also expressed concern about setting a precedent where any group opposed to government action could delay or stop it through litigation.