National-Standard Company v. Adamkus
United States Court of Appeals for the Seventh Circuit
881 F.2d 352 (1989)
- Written by Oni Harton, JD
Facts
The Resource Conservation and Recovery Act (RCRA) authorizes the Environmental Protection Agency (EPA) to conduct inspections pursuant to an administrative search warrant. An EPA geologist visited National-Standard Company (National-Standard) (plaintiff) and averred in an affidavit that, based on her observations, National-Standard’s property contained several solid-waste units that appeared to be releasing hazardous wastes. The EPA used the geologist’s affidavit to supply probable cause to support the issuance of an administrative search warrant. National-Standard challenged the EPA’s authority to inspect its facilities and brought a declaratory action challenging the EPA’s authority. The district court upheld the EPA’s inspection authority and granted the EPA’s motion for summary judgment. National-Standard appealed.
Rule of Law
Issue
Holding and Reasoning (Ripple, J.)
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