Legal Opinion
United States v. Bailey
District Court, D. Minnesota
Decided September 25, 2007No. 05-CV-2245 (PJS/RLE)PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
PATRICK J. SCHILTZ, District Judge.
Defendant Gary Bailey constructed a road on a parcel of wetland located in Lake of the Woods County, Minnesota, 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”) ordered Bailey to restore the land to its pre-violation condition. After Bailey refused to do so, the United States brought this action under Section 309(b) of the CWA, 33 U.S.C. § 1319(b), to enforce the restoration order and to enjoin Bailey from…
2Cases cited30 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- United States v. Mead Corp.Supreme Court of the United States · 2001
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3Cited by5 opinions
- United States v. BaileyCourt of Appeals for the Eighth Circuit · 2009
- United States v. BrinkDistrict Court, S.D. Texas · 2011
- Highway J Citizens Group, U.A. v. United States Department of TransportationDistrict Court, E.D. Wisconsin · 2009
- Neal v. 21st Mortgage Corp.District Court, S.D. Mississippi · 2009
- United States v. Gary BaileyCourt of Appeals for the Eighth Circuit · 2009