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BAILEY v. UNITED STATES ARMY CORPS OF ENGINEERS

Civ. No. 85-3147.

647 F.Supp. 44 (1986)

Orville BAILEY and Janet Bailey, husband and wife, Plaintiffs, v. The UNITED STATES of America, acting By and Through the UNITED STATES ARMY CORPS OF ENGINEERS; Caspar Weinberger, Secretary of Defense; John O. Marsh, Jr., Secretary of the Army; and the United States Environmental Protection Agency, and L.M. Thomas as Administrator of the Environmental Protection Agency, Defendants.

United States District Court, D. Idaho.

October 16, 1986.

Attorney(s) appearing for the Case

D. Blair Clark, Thomas C. Frost, Ringert, Clark, Harrington, Reid, Christenson & Kaufman, Boise, Idaho, for plaintiffs.

Bonnie A. Sullivan, Beth S. Ginsberg, U.S. Dept. of Justice, Land & Natural Resources Div., Environmental Defense Section, Washington, D.C., for defendants.

MEMORANDUM OPINION AND ORDER

RYAN, District Judge.

I. FACTS

This case arises out of the United States Army Corps of Engineers' (Corps) assertion of regulatory jurisdiction over approximately fifty acres of land adjacent to Priest Lake in Nordman, Idaho. Defendants have asserted jurisdiction pursuant to Section 404 of the Clean Water Act, 33 U.S.C. § 1344 (1980).

The plaintiffs in this action own a sixty-five acre parcel of property...

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