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D.C. Circuit· 12/15/2006

Fund for Animals v. Kempthorne, Dirk

Citations

  • 472 F.3d 872
  • 374 U.S. App. D.C. 111
  • 36 Envtl. L. Rep. (Envtl. Law Inst.) 20248
  • 63 ERC (BNA) 1705
  • 2006 U.S. App. LEXIS 30828
  • 2006 WL 3687107

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “[T]he Supreme Court has long recognized that a later-enacted statute trumps an earlier-enacted treaty to the extent the two conflict. This is known as the last-in-time rule.”
  • \[T]he Supreme Court has long recognized that a later-enacted statute trumps an earlier-enacted treaty to the extent the two conflict. This is known as the last-in-time rule.\
  • “[A]n ambiguous statute should be construed where fairly possible not to abrogate a treaty.”
  • “Courts apply a statute according to its terms even if the statute conflicts with a prior treaty (the last-in-time rule), but where fairly possible, courts tend to construe an ambiguous statute not to conflict with a prior treaty (the canon against abrogation).”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kayanaugh, Rogers, Garland, Kavanaugh

Read full opinion on CourtListener

Cited by

20 cases in this archive cite this case.

Cites

32 cases in this archive are cited by this case; the 20 most cited are listed.

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.