Environmental Protection Agency (EPA) Essay

Published: 2020-06-07 11:46:04
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Category: Engineering

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Dow Chemical V. US ( 1986 )
Dow Chemical company is soon efforting to cut down the CO2 emanations. increase fuel efficiency of vehicles which run with Diesel engines. Dow Chemical has been successful in developing Diesel Particulate Filter ( DPF ) engineering that enhances the quality and efficiency of Diesel engines in vehicles.
Facts of the instance

It was stated in the request that Dow Chem operates on a 2. 000-acre chemical works which consists of legion edifices with fabrication equipment and shrieking conduits fixed between the assorted edifices. Around the premises. there was heavy security maintained by Dow Chem. the several suppliant.
Issue – What is the instance about?
Environmental Protection Agency ( EPA ) appointed a commercial lensman to take exposure of the country from all heights as a portion of aerial picture taking. As a affair of fact. Dow Chem denied this peculiar activity of EPA which is why a suit was filed in Federal District Court against EPA saying that EPA violated the Fourth Amendment and exercised the powers beyond its legislative acts.
Court determination
Federal District Court stated that EPA violated Fourth Amendment by come ining premises whereas Court of Appeals stated that as per Section114 ( a ) of Clean Air Act. EPA has right to come in premises for review intents [ 475 U. S. 227. 228 ] .
Dissenting sentiment
Dow chem feared about the reveal of trade secrets which are supposed to be confidential and peculiarly exposure of aerial infinite. complex premises were of a great affair of concern for the Dow chemical works whereas EPA considered merely the premises of unfastened country of the works as a portion of review and safety steps and non to go against any trade Torahs or statutory Torahs.

U. S. Supreme Court
DOW CHEMICAL CO. v. UNITED STATES. 476 U. S. 227 ( 1986 )
476 U. S. 227
Accessed February 11. 2008
hypertext transfer protocol: //supreme. justia. com/us/476/227/case. hypertext markup language

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