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AIR POLLUTION VARIANCE BD. v. WESTERN ALFALFA CORP.

No. 73-690.

416 U.S. 861 (1974)

94 S.Ct. 2114

40 L.Ed.2d 607

AIR POLLUTION VARIANCE BOARD OF COLORADO v. WESTERN ALFALFA CORP.

Supreme Court of United States.

Decided May 20, 1974.

Attorney(s) appearing for the Case

William Tucker, Assistant Attorney General of Colorado, argued the cause for petitioner. With him on the brief were John P. Moore, Attorney General, John E. Bush, Deputy Attorney General, and John Brown, Special Assistant Attorney General.

Donald D. Cawelti argued the cause for respondent. With him on the brief was George D. Blackwood, Jr.

Edmund W. Kitch argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Bork, Assistant Attorney General Johnson, Harriet S. Shapiro, and Edmund B. Clark.*

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

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 test1 of plumes of smoke being emitted from respondent's chimneys. Since that time Colorado has adopted a requirement for a search...

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