Saturday, May 18, 2019
Environmental Protection Agency (EPA) Essay
Dow chemic V. US (1986)Dow chemical substance company is presently efforting to reduce the CO2 emissions, increase fuel efficiency of vehicles which run with diesel engines. Dow Chemical has been successful in developing Diesel Particulate Filter (DPF) technology that enhances the quality and efficiency of diesel engines in vehicles.Facts of the caseIt was stated in the petition that Dow Chem operates on a 2,000-acre chemical plant which consists of legion(predicate) buildings with manufacturing equipment and piping conduits fixed between the various buildings. Around the premises, there was heavy security maintained by Dow Chem, the respective petitioner.Issue What is the case about?Environmental Protection Agency (EPA) appointed a moneymaking(prenominal) photographer to take photographs of the area from all altitudes as a disassociate of aerial photography. As a matter of fact, Dow Chem denied this particular activity of EPA which is why a suit was filed in Federal District c ourtroom against EPA stating that EPA violated the Fourth Amendment and exercised the powers beyond its statutes. hail decisionFederal District Court stated that EPA violated Fourth Amendment by entering premises whereas Court of Appeals stated that as per Section114(a) of Clean Air Act, EPA has beneficial to enter premises for inspection purposes 475 U.S.227,228.Dissenting opinionDow chem feared about the reveal of trade secrets which are sibyllic to be confidential and particularly photographs of aerial space, complex premises were of a great matter of chafe for the Dow chemical plant whereas EPA considered only the premises of open area of the plant as a part of inspection and safety measures and not to violate any trade laws or statutory laws.ReferencesU.S. Supreme CourtDOW CHEMICAL CO. v. UNITED STATES, 476 U.S. 227 (1986)476 U.S. 227Accessed February 11, 2008http//supreme.justia.com/us/476/227/case.html
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