· 9/20/2023
Com. v. Outlaw, B.
Citations
- 2023 Pa. Super. 171
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the potential to transplant the endangered snail darter to suitable habitat does not circumvent the ESA's bar on destruction of critical habitat
- holding that the ESA reflects “a conscious decision by Congress to give endangered species priority over the ‘primary missions’ of federal agencies”
- holding that Congress explicitly had foreclosed the exercise of traditional equitable discretion by courts faced with a violation of section 7 of the ESA
- holding that the presence of an endangered three-inch fish was enough to halt, pursuant to the Endangered Species Act, completion of a $100 million dam
- concluding that under maxim expressio unius est exclusio alterius, enumerated exceptions are the only exceptions intended within the Endangered Species Act
- holding that an appropriations act without express language of repealer did not repeal by implication prior conflicting legislation
Source: CourtListener parenthetical corpus (CC0).
Judges: McLaughlin, J.
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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