In the case of Missouri v. Illinois and The Sanitary District of Chicago, 1905, the state of Missouri filed a lawsuit against the state of Illinois and The Sanitary District of Chicago. This was due to concerns that sewage being discharged into the Mississippi River from Chicago was causing significant health problems in St. Louis, which is downstream on the river system. However, after hearing arguments from both sides, including expert testimony about water pollution and its potential effects on public health, the Supreme Court ruled in favor of Illinois and The Sanitary District by a vote of 7-2. It concluded that there wasn't enough evidence to prove that sewage dumped into rivers could cause diseases like typhoid fever or cholera hundreds miles downstream.

In the dissenting opinion for Missouri v. Illinois and The Sanitary District of Chicago, Justice Holmes argued that it was not within the jurisdiction of the Supreme Court to intervene in disputes between states regarding potential future harms. He contended that there was insufficient scientific evidence to support Missouri's claim that Illinois' sewage system would cause a significant increase in disease across state lines. Furthermore, he believed such matters should be resolved by Congress rather than judicial action as they involve complex issues related to public health and infrastructure which are better suited for legislative decision-making processes. Thus, while acknowledging the importance of preventing harm from pollution or other environmental hazards, Holmes maintained that this particular case did not meet necessary criteria for court intervention.