Legal Opinion
United States v. Bailey
District Court, D. Minnesota
Decided March 31, 2008No. 05-CV-2245 (PJS/RLE)PublishedCited by 2 opinions
1Opinion of the Court
ORDER FOR JUDGMENT
PATRICK J. SCHILTZ, District Judge.
In the summer of 1998, defendant Gary Bailey constructed a road on a parcel of wetland located in Lake of the Woods County, Minnesota (“the Site”), without obtaining a permit under Section 404 of the Clean Water Act (“CWA”), 33 U.S.C. § 1344. In October 2001, the United States Army Corps of Engineers (“the Corps”) issued a restoration order requiring Bailey to restore the wetland to its pre-violation condition. After Bailey re fused to do so, the United States brought this action under Section 309(b) of the CWA, 33 U.S.C. § 1319(b), to…
2Cases cited9 opinions
- Rapanos v. United StatesSupreme Court of the United States · 2006
- United States v. Sexton Cove Estates, Inc.Court of Appeals for the Fifth Circuit · 1976
- United States v. RobisonCourt of Appeals for the Eleventh Circuit · 2007
- United States v. JohnsonCourt of Appeals for the First Circuit · 2006
- Northern California River Watch v. City of HealdsburgCourt of Appeals for the Ninth Circuit · 2007
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3Cited by2 opinions
- United States v. BaileyCourt of Appeals for the Eighth Circuit · 2009
- United States v. Gary BaileyCourt of Appeals for the Eighth Circuit · 2009