U.S. v. M/V SANCTUARY

No. 07-2123.

540 F.3d 295 (2008)

UNITED STATES of America, Party in Interest-Appellee, and Maryland Port Administration; State of Maryland Central Collection Unit, Plaintiffs, v. M/V SANCTUARY, her engines, tackle equipment, boilers, furniture, and all other necessaries thereunto appertaining and belonging, in rem; Potomac Navigation, Incorporated; Project Life, Incorporated, Defendants-Appellants, and John Chamberlain, Claimant.

United States Court of Appeals, Fourth Circuit.

Decided: August 25, 2008.


Attorney(s) appearing for the Case

ARGUED: Lawrence Jay Kahn, Freehill, Hogan & Mahar, New York, New York, for Appellants. Ryan Douglas Nelson, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Alexander M. Giles, Semmes, Bowen & Semmes, Baltimore, Maryland, for Appellants. Ronald J. Tenpas, Assistant Attorney General, Environment & Natural Resources Division, Michael T. Gray, United States Department of Justice, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge DUNCAN and Senior Judge KISER joined.


OPINION

MICHAEL, Circuit Judge:

The main issue in this appeal is whether the Environmental Protection Agency (EPA) may obtain an administrative warrant to carry out its authority under the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2601 et seq., to inspect places containing regulated chemical substances. We hold that EPA has such authority, and we therefore affirm the district court's issuance of a warrant authorizing the agency to inspect the...

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