User:Ohmyerica/Dow Chemical v. United States

Supreme Court of the United States
Argued December 10, 1985 Decided May 19, 1986
Full case name	Dow Chemical Company v. United States
Citations	476 U.S. 227 (more) 106 S.Ct. 1819, 90 L.Ed.2d 226, 24 ERC 1385, 54 USLW 4464, 16 Envtl. L. Rep. 20,679
Court membership
Chief Justice Warren E. Burger Associate Justices William J. Brennan Jr. · Byron White Thurgood Marshall · Harry Blackmun Lewis F. Powell Jr. · William Rehnquist John P. Stevens · Sandra Day O'Connor
Case opinions
Majority	Burger, joined by White, Rehnquist, Stevens, O'Connor
Concur/dissent	Powell, joined by Brennan, Marshall, Blackmun

Dow Chemical v. United States, 476 U.S. 227 (1986), was a United States Supreme Court case in which the Court held that the Fourth Amendment does not require government inspectors to obtain warrants before conducting aerial searches of outdoor business facilities.

Background

Facts of the Case

Dow Chemical Company operated a large chemical manufacturing facility in Midland, Michigan. The facility consisted of numerous buildings, with equipment and piping visible from the air. Dow used elaborate security measures at the facility, including investigating any low-level flights by aircrafts over the facility. In 1978, Dow allowed the EPA to inspect the facility for violations of the Clean Air Act, but when the EPA requested a second inspection, Dow would not consent. The EPA, without Dow's knowledge, then used a commercial aerial photographer to take photographs of the facility, lawfully within navigable airspace.

Procedural History

Dow brought suit in the United States District Court for the Eastern District of Michigan, alleging that the EPA violated the Fourth Amendment's ban on unreasonable searches. The District Court granted Dow's motion for summary judgment, permanently enjoining the EPA from taking aerial photographs of Dow's facility and from disseminating, releasing, or copying the photographs already taken.

The EPA appealed to the United States Court of Appeals for the Sixth Circuit.

External links

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