081908P.pdf   07/09/2009  United States of America  v.  Gary Bailey
   U.S. Court of Appeals Case No:  08-1908
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Wollman, Author, with Hansen and Bye, Circuit Judges]
   Civil case - Clean Water Act. The wetlands in question met the
   substantial nexus test announced in Justice Kennedy's concurring opinion
   in Rapanos v. United States, 547 U.S. 715 (2006) because they were
   adjacent to the Lake of the Woods in Minnesota, and the district court did
   not err in finding it had jurisdiction to hear the United States' complaint
   under Section 309(b) of the Clean Water Act; the district court did not err
   in admitting the Corps' expert evidence establishing the existence of
   wetlands as the evidence was reliable and satisfied the Daubert test; the
   district court's order requiring Bailey to restore the wetlands in question
   was not arbitrary or capricious; restoration order was not a violation of
   Bailey's equal protections rights under the Fourteenth Amendment.