Statement respecting denial of cert in warrantless environmental search of residential backyard

In Huber v. New Jersey Department of Environmental Protection, Justice Alito prepared a statement, joined in by the Chief Justice and Justices Scalia and Thomas, agreeing with denial of cert "because this case comes to us on review of a decision by a state intermediate appellate court" but stating, "This Court has not suggested that a State, by imposing heavy regulations on the use of privately owned residential property, may escape the Fourth Amendment's warrant requirement."