In the case of Vermont v. New York et al., 1973, the state of Vermont filed a lawsuit against the state of New York and International Paper Company (IPC). The dispute arose over pollution in Lake Champlain caused by IPC's discharge from its pulp and paper mill located on the lake's New York side. Vermont claimed that this pollution violated its water quality standards, interfered with its citizens' use and enjoyment of the lake, and resulted in significant damage to natural resources. The Supreme Court held that it had original jurisdiction over such interstate disputes under Article III Section 2 Clause 2 of U.S Constitution but dismissed Vermont’s complaint for failure to present substantial evidence showing serious harm or injury due to alleged pollution by IPC. Therefore, while recognizing their authority to adjudicate such matters between states, they did not find sufficient cause based on presented facts for action against New York or IPC.

In the dissenting opinion for Vermont v. New York et al., 1973, it was argued that the Supreme Court should not have original jurisdiction over this case. The dissenting justices believed that the dispute between Vermont and New York regarding pollution in Lake Champlain did not rise to a level of seriousness warranting intervention by the highest court in the land at first instance. They contended that such cases should be handled initially by lower courts or administrative agencies with more specialized expertise in environmental matters. Furthermore, they expressed concern about setting a precedent where any state could bring another state directly before the Supreme Court on relatively minor issues, potentially overwhelming its docket and distracting from its core function of resolving constitutional questions and other major legal disputes affecting national interests.