Dow Chemical Co. v. US, by and Through Gorsuch

MEMORANDUM OPINION AND ORDER

JAMES HARVEY, District Judge.

I. Introduction

This case involves a constitutional and statutory challenge to the use of warrant-less aerial photography of a chemical manufacturing plant by the Environmental Protection Agency (EPA). The Dow Chemical Company (Dow) asserts that this activity by the EPA constitutes an unreasonable search in violation of the Fourth Amendment, a taking and misappropriation of trade secrets in violation of the Fifth Amendment, and the use of an inspection tool which is outside the scope of EPA’s statutory authority under Sections 113 and…