In Dow Chemical Co. v. U.S., where the EPA took aerial photographs of a Dow plant to see if the plant produced too much pollution, the Supreme Court held that:

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The Supreme Court held that since the plant was closed to the public, the aerial photographs taken by the EPA did not violate the 4th Amendment. The Court reasoned that there was no expectation of privacy in areas visible to the naked eye from navigable airspace. Therefore, the EPA did not need a warrant to take the photographs.