United States v. Bailey, 571 F.3d 791 (8th Cir. 2009), aff'g, 516 F. Supp. 2d 998 (D. Minn. 2007)

(government had jurisdiction over subject wetlands under Justice Kennedy's "substantial nexus" test in Rapanos v. United States, 547 U.S. 715 (2006) because they were adjacent to a lake; trial court did not err in determining that U.S. had jurisdiction to hear government's complaint, and did not err in admitting Army Corps of Engineer's expert evidence establishing existence of wetlands under Daubert test; trial court's order requiring defendant to restore wetlands in issue not arbitrary or capricious and did not violate defendant's equal protection rights under 14th amendment).

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