Air Pollution Variance Bd. of Colo. v. Western Alfalfa Corp.

An inspector of a division of the. Colorado Department of Health entered the outdoor premises of respondent without its knowledge or consent. It was daylight and the inspector entered the yard to make a Ringelmann test 1 of plumes of smoke being emitted from' respondent’s chimneys. Since that time Colorado has. adopted a requirement for a seareh warrant for. violations of air quality standards. 2 At the time of the instant inspection the state law required nó warrant and none was sought. Indeed, the. inspector entered no part of respondent’s plant to make the inspection.

A federal Act under…