In the 1906 case of Georgia v. Tennessee Copper Company, the state of Georgia sued the Tennessee Copper Company for damages caused by sulfur dioxide emissions from its copper smelting facilities. The fumes were causing significant environmental damage in Georgia, including destroying forests and crops. The U.S Supreme Court ruled in favor of Georgia, stating that a state has an inherent right to protect its land for its citizens' use and enjoyment. This ruling was significant as it established interstate air pollution as a public nuisance under federal common law and set precedent for future environmental litigation cases involving cross-border pollution issues.

In the dissenting opinion for Georgia v. Tennessee Copper Company, Justice Holmes disagreed with the majority's decision to grant an injunction against the copper company on behalf of Georgia. He argued that while it was clear that sulfur dioxide emissions from the company were causing harm in Georgia, it was not within the Court’s jurisdiction to intervene in this case as there wasn't a substantial invasion of rights by one state upon another. The damage caused did not rise to such a level as would justify intervention by one sovereign state into affairs of another under international law principles which he believed should guide interstate disputes at Supreme Court level too. Furthermore, he expressed concern about setting a precedent where states could sue companies located in other states over pollution or similar issues without having first exhausted all available remedies within their own jurisdictions.