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· 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.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.