In the 1910 U.S. Supreme Court case of Ladew v. Tennessee Copper Company, the state of Georgia filed a lawsuit against the Tennessee Copper Company and Ducktown Sulphur, Copper & Iron Company for causing air pollution that was damaging forests and crops in Georgia. The companies were releasing sulfur dioxide gas from their copper smelting operations which then drifted across state lines into Georgia. The court ruled in favor of Georgia, stating that states have a right to protect their natural resources from significant harm caused by out-of-state sources. This ruling established an important precedent for interstate environmental law and affirmed states' rights to seek legal remedies when pollution crosses state borders.

In the dissenting opinion for LADEW v. TENNESSEE COPPER COMPANY, it was argued that the state of Georgia did not have a right to sue Tennessee Copper Company because there was no direct injury inflicted upon the state itself. The dissenters believed that only individuals who suffered harm from pollution could bring suit against polluters, and states had no standing in such matters unless they themselves were directly harmed. They also contended that allowing states to sue on behalf of their citizens would open up a floodgate of litigation and potentially overwhelm courts with cases. Furthermore, they maintained that this case should be handled by local or state courts rather than federal ones as it involved issues specific to certain regions rather than national concerns.