DOW CHEMICAL CO. v. UNITED STATES

No. 84-1259.

476 U.S. 227 (1986)

DOW CHEMICAL CO. v. UNITED STATES, BY AND THROUGH ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY

Supreme Court of United States.

Decided May 19, 1986


Attorney(s) appearing for the Case

Jane M. Gootee argued the cause for petitioner. With her on the briefs were James H. Hanes and Bernd W. Sandt.

Alan I. Horowitz argued the cause for the United States. With him on the brief were Acting Solicitor General Wallace, Assistant Attorney General Habicht, Deputy Solicitor General Frey, Dirk D. Snel, and Anne S. Almy.*


CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari to review the holding of the Court of Appeals (a) that the Environmental Protection Agency's aerial observation of petitioner's plant complex did not exceed EPA's statutory investigatory authority, and (b) that EPA's aerial photography of petitioner's 2,000-acre plant complex without a warrant was not a search under the Fourth Amendment.

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