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United States v. Bailey

571 F.3d 791 (2009)

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United States v. Bailey

United States Court of Appeals for the Eighth Circuit
571 F.3d 791 (2009)

  • Written by Robert Cane, JD

Facts

Gary Bailey (defendant) sought to construct a residential development near a lake. To provide access to the development, Bailey built a road through a parcel of wetlands. Bailey did not obtain the requisite permit under § 404 of the Clean Water Act. The United States Army Corps of Engineers (Corps) ordered Bailey to restore the land to its previous condition, but Bailey refused. The United States (plaintiff) brought an enforcement action against Bailey under the Clean Water Act. During the summary-judgment phase of the litigation, the Corps offered significant, in-depth, scientific evidence based on its own scientific study of the area near the lake. The Corps stated that the wetlands on which the road was built constituted wetlands adjacent to navigable-in-fact waters, triggering the permit requirements of the Clean Water Act. Bailey failed to rebut this evidence offered by the Corps. The district court granted summary judgment in favor of the United States and entered an injunction to enforce the Corps’s restoration order. Bailey appealed, arguing that the Corps did not have jurisdiction over his property because the Corps failed to prove the wetlands were subject to the Corps’s authority under the Clean Water Act.

Rule of Law

Issue

Holding and Reasoning (Wollman, J.)

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