Legal Opinion

United States v. Bailey

Court of Appeals for the Eighth Circuit

Decided July 9, 2009No. 08-1908PublishedCited by 42 opinions

1Opinion of the Court

WOLLMAN, Circuit Judge.

Gary Bailey constructed a road on a parcel of wetlands in Lake of the Woods County (County), Minnesota, without obtaining a permit under Section 404 of the Clean Water Act (Act). The United States Army Corps of Engineers (Corps) ordered Bailey to restore the land to its previolation condition. Bailey refused, and the United States brought an action under Section 309(b) of the Act to enforce the restoration order and to enjoin Bailey from discharging further pollutants into the wetland. Bailey counterclaimed against the United States, alleging that the Corps did not have…

2Cases cited30 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Auer v. RobbinsSupreme Court of the United States · 1997
  3. Marks v. United StatesSupreme Court of the United States · 1977
  4. Marks v. United StatesSupreme Court of the United States · 1977
  5. National Ass'n of Home Builders v. Defenders of WildlifeSupreme Court of the United States · 2007

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3Cited by42 opinions

  1. United States v. DonovanCourt of Appeals for the Third Circuit · 2011
  2. Scott Clabourne v. Charles RyanCourt of Appeals for the Ninth Circuit · 2014
  3. Brunsting v. Lutsen Mountains Corp.Court of Appeals for the Eighth Circuit · 2010
  4. United States v. FinchCourt of Appeals for the Eighth Circuit · 2011
  5. United States v. Joseph RobertsonCourt of Appeals for the Ninth Circuit · 2017

37 more not listed; retrieve them via the Exa API.

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