In the 1915 case of State of Georgia v. Tennessee Copper Company and The Ducktown Sulphur, Copper and Iron Company, Limited, the Supreme Court ruled in favor of Georgia. The state had filed a suit against two copper companies for causing air pollution that was damaging forests and crops in five counties across northern Georgia. This cross-border pollution was caused by sulfur dioxide emissions from smelting operations at plants located just over the border in Tennessee but were carried into Georgia by prevailing winds. In its ruling, the court held that states have an inherent right to protect their natural resources from significant harm caused by out-of-state sources - effectively recognizing interstate air pollution as a violation of federal common law public nuisance doctrine. It ordered both companies to limit their harmful emissions or face closure.

In the dissenting opinion for the case of State of Georgia v. Tennessee Copper Company and The Ducktown Sulphur, Copper and Iron Company, Limited, Justice Holmes disagreed with the majority's decision to grant an injunction against the companies on behalf of Georgia. He argued that while it was clear that sulfur dioxide emissions from copper smelting operations were causing damage in Georgia, there was no evidence presented to suggest this harm outweighed any potential benefits derived by society from these industrial activities. Furthermore, he contended that such a determination should be made by legislatures rather than courts as they are better equipped to weigh competing interests and make policy decisions based on broader societal needs. In his view, granting an injunction without considering these factors amounted to judicial overreach.