In the case of New Jersey v. New York City in 1935, the Supreme Court ruled in favor of New Jersey over a dispute regarding pollution caused by garbage disposal. The city of New York had been dumping its waste into the ocean, which was then washing up on the shores of neighboring states including New Jersey and Connecticut. These states filed complaints against this practice arguing that it violated their rights to clean water and beaches under federal common law nuisance doctrine. The court agreed with these arguments and issued an injunction preventing further dumping by NYC until they could devise a more environmentally friendly method for disposing their trash. This landmark decision established important precedents for environmental law, particularly concerning interstate pollution disputes.

In the dissenting opinion for New Jersey v. New York City, Justice Stone argued that the majority's decision to allow New York City to dump its garbage into the sea was not based on a proper interpretation of interstate commerce laws. He believed that this practice constituted a public nuisance and should be regulated by federal law rather than being left up to individual states. Furthermore, he contended that it was inappropriate for the court to make decisions about environmental issues without considering scientific evidence or expert testimony about potential harm caused by such practices. In his view, allowing one state (New York) to pollute shared waters with another state (New Jersey) violated principles of fairness and equity in interstate relations.