In the case of Vermont v. New York et al., 1971, the state of Vermont filed a lawsuit against the state of New York and International Paper Company over pollution in Lake Champlain. The lake, which is shared by both states, had been severely polluted due to discharges from an International Paper Company mill located in New York. Vermont claimed that this pollution violated its rights under common law principles and sought injunctive relief to halt further contamination. However, the Supreme Court dismissed Vermont's complaint on grounds that it failed to show any substantial injury or damage resulting directly from these discharges beyond mere aesthetic concerns or potential future harm. The court held that while states have a legitimate interest in protecting their natural resources from significant harm caused by out-of-state sources, they must demonstrate clear and immediate injury or damage for such interstate disputes to be justiciable at federal level.

In the dissenting opinion for Vermont v. New York et al., Justice Blackmun argued that the case should not have been dismissed as it was a dispute between states and thus fell under the Supreme Court's original jurisdiction. He believed that Vermont had presented enough evidence to show potential harm from pollution in Lake Champlain caused by New York and supported an injunction against further pollution until a full trial could be held. Furthermore, he disagreed with the majority's reliance on administrative remedies through agencies like Environmental Protection Agency (EPA), arguing that these were untested and potentially inadequate solutions for interstate disputes of this nature. In his view, dismissing such cases without hearing them would undermine confidence in judicial system’s ability to resolve state conflicts fairly.