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U.S. v. BAILEY

No. 05-CV-2245 (PJS/RLE).

516 F.Supp.2d 998 (2007)

UNITED STATES of America, Plaintiff, v. Gary BAILEY, Defendant. Gary Bailey, Third-Party Plaintiff, v. Lake of the Woods County, Third-Party Defendant.

United States District Court, D. Minnesota.

September 25, 2007.

Attorney(s) appearing for the Case

Friedrich A.P. Siekert, Assistant United States Attorney, United States Attorney's Office, Minneapolis, MN, Daniel R. Dertke, United States Department of Justice, Washington, DC, for Plaintiff.

Alan B. Fish and Rita Fish-Whitlock, Alan B. Fish, PA, Roseau, MN, for Defendant.

Scott T. Anderson and Sonya J. Guggemos, Ratwik Roszak & Maloney, PA, Minneapolis, MN, for Third-Party Defendant.

M. Reed Hopper, Pacific Legal Foundation, Sacramento, CA, Rita Fish-Whitlock, Alan B. Fish, PA, Roseau, MN, for amicus curiae Pacific Legal Foundation

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...

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