In the case of Illinois v. City of Milwaukee (406
U.S. 91 (1972)), Illinois sued Milwaukee (and three other Wisconsin cities) for
being a public nuisance by polluting Lake Michigan. The case was heard
under the original jurisdiction of the US Supreme Courts, because it was a
matter between the States. However, the Supreme Court held that future cases
like this should be heard in Federal District Courts instead of bothering the US
Supreme Court directly.
However, by the time this case went back to the Federal District Court and then back again the US Supreme Court (Illinois v. City of Milwaukee (451 U.S. 304 (1981)), The US Supreme Court had reversed itself and decided that the Clean Water Act did indeed preempt Federal common law nuisance actions.