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§ 8302. Immunity

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. § 8302
§ 8302. Immunity
Currentness
(a) General rule.--Except as provided in subsection (b), a person that, pursuant to Federal or State law, files an action in the courts of this Commonwealth to enforce an environmental law or regulation or that makes an oral or written communication to a government agency relating to enforcement or implementation of an environmental law or regulation shall be immune from civil liability in any resulting legal proceeding for damages where the action or communication is aimed at procuring favorable governmental action.
(b) Exceptions.--A person shall not be immune under this section if the allegation in the action or any communication to the government is not relevant or material to the enforcement or implementation of an environmental law or regulation and:
(1) the allegation in the action or communication is knowingly false, deliberately misleading or made with malicious and reckless disregard for the truth or falsity;
(2) the allegation in the action or communication is made for the sole purpose of interfering with existing or proposed business relationships; or
(3) the oral or written communication to a government agency relating to enforcement or implementation of an environmental law or regulation is later determined to be a wrongful use of process or an abuse of process.

Credits

2000, Dec. 20, P.L. 980, No. 138, § 1, effective in 60 days.
27 Pa.C.S.A. § 8302, PA ST 27 Pa.C.S.A. § 8302
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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