In the case of People of the State of New York v. State of New Jersey and Passaic Valley Sewerage Commissioners, 1918, the Supreme Court was asked to resolve a dispute between two states over pollution in shared waters. The state of New York sued New Jersey and its sewerage commission for discharging sewage into rivers that flowed into Upper New York Bay, alleging this caused significant harm to public health and fisheries in their jurisdiction. The court ruled in favor of New York, finding that each state had an obligation not to pollute shared waterways such as these without mutual agreement or federal legislation permitting it. This decision established important precedent regarding interstate environmental disputes by recognizing states' rights to seek legal remedies against other states causing cross-border pollution.

The dissenting opinion in the case of People of the State of New York v. State of New Jersey and Passaic Valley Sewerage Commissioners, 1918, argued that the court should not have jurisdiction over this dispute between states about pollution crossing state lines. The justice believed that such matters were better left to Congress or an interstate commission rather than being decided by a judicial body like the Supreme Court. He also expressed concern about setting a precedent where any state could sue another for actions causing harm across their borders, potentially leading to an unmanageable number of cases before the court. Furthermore, he questioned whether it was appropriate for courts to be making decisions on complex scientific issues related to pollution and its effects.