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United States v. Tivian Laboratories, Inc.

589 F.2d 49 (1978)

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United States v. Tivian Laboratories, Inc.

United States Court of Appeals for the First Circuit
589 F.2d 49 (1978)

Facts

Tivian Laboratories, Inc. (Tivian) (defendant) was a small corporation engaged in the production of plating solutions, resins, waxes, and chemical specialties for metal casing and finishing. The Environmental Protection Agency (EPA) requested detailed information from Tivian regarding the company’s use of certain chemicals. The EPA requested the information pursuant to its authority under the Water Pollution Prevention and Control Act (Water Pollution Act) and the Air Pollution Prevention and Control Act (Air Pollution Act) as part of an investigation to determine the sources of certain chemical substances entering the environment. The Air Pollution Act and the Water Pollution Act authorize the EPA to require an owner or operator of any emission or point source to provide the EPA with information it may need to perform its duties under both statutes. Tivian refused to comply with the EPA’s request. On behalf of the EPA, the United States (defendant) commenced suit in federal district court to obtain judicial enforcement of its request. Tivian challenged the attempt by the EPA to compel it to produce records without first getting a court order or warrant in violation of Tivian’s Fourth Amendment rights.

Rule of Law

Issue

Holding and Reasoning (Campbell, J.)

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