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§ 8303. Right to a hearing

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 27 Pa.C.S.A. Environmental ResourcesEffective: February 20, 2001

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 27 Pa.C.S.A. Environmental Resources (Refs & Annos)
Part VI. Sanctions and Remedies
Subpart C. Immunity
Chapter 83. Participation in Environmental Law or Regulation
Effective: February 20, 2001
27 Pa.C.S.A. § 8303
§ 8303. Right to a hearing
A person who wishes to raise the defense of immunity from civil liability under this chapter may file a motion with the court requesting the court to conduct a hearing to determine the preliminary issue of immunity. If a motion is filed, the court shall then conduct a hearing and if the motion is denied, the moving party shall have an interlocutory appeal of right to the Commonwealth Court, during which time all discovery shall be stayed.

Credits

2000, Dec. 20, P.L. 980, No. 138, § 1, effective in 60 days.
HISTORICAL AND STATUTORY NOTES
Act 2000-138 legislation
A Preamble to Act 2000, Dec. 20, P.L. 980, No. 138 provides:
“The General Assembly finds and declares as follows:
“(1) It is contrary to the public interest to allow lawsuits, known as Strategic Lawsuits Against Public Participation (SLAPP), to be brought primarily to chill the valid exercise by citizens of their constitutional right to freedom of speech and to petition the government for the redress of grievances.
“(2) It is in the public interest to empower citizens to bring a swift end to retaliatory lawsuits seeking to undermine their participation in the establishment of State and local environmental policy and in the implementation and enforcement of environmental law and regulations.”
Section 2(b) of 2000, Dec. 20, P.L. 980, No. 138 provides that “[a]ll other acts and parts of acts are repealed insofar as they are inconsistent with this act.”
27 Pa.C.S.A. § 8303, PA ST 27 Pa.C.S.A. § 8303
Current through 2020 Regular Session Act 55. Some statute sections may be more current, see credits for details.
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