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· 5/20/1974

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

Citations

  • 416 U.S. 861
  • 94 S. Ct. 2114
  • 40 L. Ed. 2d 607
  • 1974 U.S. LEXIS 37
  • 4 Envtl. L. Rep. (Envtl. Law Inst.) 20491
  • 6 ERC (BNA) 1571

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that no Fourth Amendment violation occurred where a state health inspector entered a corporation’s property and inspected plumes of smoke emitted from the corporation’s plant
  • holding that no Fourth Amendment violation occurred where a state health inspector entered a corporation’s property and inspected plumes of smoke emitted from the corporation’s plant
  • explaining federal “open fields” exception to Fourth Amendment as applied to state air pollution inspector
  • finding a state health inspector “well within the ‘open fields’ exception,” whether he was “within or without the premises,” when he stood about two smokestack heights away from the base of the stack to inspect its smoke
  • finding a state health inspector “well within the ‘open fields’ exception,” whether he was “within or without the premises,” when he stood about two smokestack heights away from the base of the stack to inspect its smoke
  • where health inspector entered \outside premises\ to visually inspect chimney emissions no unreasonable search based on open fields doctrine

Source: CourtListener parenthetical corpus (CC0).

Judges: Douglas

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.