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U.S. v. BAILEY

No. 08-1908.

571 F.3d 791 (2009)

UNITED STATES of America, Plaintiff/Appellee, v. Gary BAILEY, Defendant, Third Party Plaintiff/Appellant, v. Lake of the Woods County, Third Party Defendant/Appellee. Pacific Legal Foundation, Amicus Curiae-Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 9, 2009.

Attorney(s) appearing for the Case

Alan Bradley Fish, argued, Roseau, MN, for appellant.

Katherine J. Barton, argued, Friedrich A.P. Siekert, AUSA, Minneapolis, MN, Katherine W. Hazard, USDOJ, Ronald J. Tenpas, USDOJ, Daniel R. Dertke, USDOJ, Washington, DC, Molly A. McKegney, U.S. Army Corps of Engineers, St. Paul, MN, on the brief, for appellee, United States.

Sonya J. Guggemos, argued, Scott T. Anderson, on the brief, Minneapolis, MN, for appellee, Lake of the Woods County.

Before WOLLMAN, HANSEN, and BYE, Circuit Judges.

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...

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