DOW CHEMICAL CO. v. UNITED STATES

No. 82-1811.

749 F.2d 307 (1984)

DOW CHEMICAL COMPANY, Plaintiff-Appellee, v. UNITED STATES of America, By and Through Anne M. BURFORD, Administrator, Environmental Protection Agency, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 9, 1984.


Attorney(s) appearing for the Case

Jose R. Allen, Anne S. Almy (argued), Dirk D. Snel, Environmental Defense Section, Land and Natural Resources Div., Dept. of Justice, Washington, D.C., for defendant-appellant.

Jane Gootee (argued), Bernd W. Sandt, Legal Dept., Dow Chemical Co., Midland, Mich., for plaintiff-appellee.

Steven D. Ellis, Mountain State Legal Foundation, Denver, Colo., amicus curiae.

Before LIVELY, Chief Judge, MERRITT, Circuit Judge, and HORTON, District Judge.


MERRITT, Circuit Judge.

In investigating Dow Chemical Company for possible violations of the Clean Air Act, the Environmental Protection Agency caused aerial photographs of Dow's 2000-acre Midland, Michigan plant to be made by a private aerial survey company. Upon learning of the EPA flyover, Dow sought declaratory and injunctive relief in the United States District Court for the Eastern District of Michigan. On cross-motions for partial summary judgment, the District...

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