United States v. Bailey’s Empirical Analysis

Citation profile

1 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An examination of the record demonstrates that Bailey’s contentions are meritless. The undisputed fact is that, at all relevant times, Bailey and Bailey alone was the driving force behind the creation of the Road. It was Bailey’s decision to clear the sixty-six-foot wide roadway through the wetland and build the Road. It was Bailey who hired LaValla to perform the work. It was Bailey who told LaValla to resume the work after LaValla had been told to stop. And it was Bailey who stood to profit from the construction of the Road. Bailey did have extensive interactions with the County, but the focus of those interactions was not on the Road’s compliance or lack of compliance with federal environmental standards — something that the County had no authority to address. Rather, the focus of Bailey’s interaction with the County was on get ting the land platted and getting the County to take over responsibility for maintaining the Road. None of this makes the County responsible for Bailey’s violations of the CWA. At every step of the way, Bailey was well aware, as he had been since at least 1993, that he needed a Section 404 permit to place fill on the Site .... It defies belief that Bailey, after being told by the Corps to stop work on the Road until he got a permit from the Corps, would resume work on the road without checking first with the Corps. Thus, even under the most charitable reading of the record, Bailey cannot claim ignorance of the fact that any additional work would be ”

   1 later decision quote this exact passage · from the dissent
   e.g. United States v. Bailey

2. “Wetlands separated from other waters of the United States by man-made dikes or barriers, natural river berms, beach dunes and the like are 'adjacent wetlands.’ ” 33 C.F.R. § 328.1 (c). Because the Creek is”

   1 later decision quote this exact passage · from the dissent
   e.g. United States v. Brink

3. “defendant may not use Rule 14 to implead a third-party defendant who may have liability to the plaintiff instead of the defendant or in addition to the defendant”

   1 later decision quote this exact passage · from the dissent
   e.g. 601 F. Supp. 2d 828 - Neal v. 21st Mortgage Corp.