Dow Chemical Company v. United States of America, by and Through Anne M. Burford, Administrator, Environmental Protection Agency

MERRITT, Circuit Judge.

In investigating Dow Chemical Company for possible violations of the Clean Air Act, the Environmental Protection Agency caused aerial photographs of Dow’s 2000-acre Midland, Michigan plant to be made by a private aerial survey company. Upon learning of the EPA flyover, Dow sought declaratory and injunctive relief in the United States District Court for the Eastern District of Michigan. On cross-motions for. partial summary judgment, the District Court held that EPA’s detailed aerial photography was an unreasonable search and seizure under the Fourth Amendment. The…