SENATE AMENDED
PRIOR PRINTER'S NOS. 406, 988, 1538, PRINTER'S NO. 4235
2864, 4230
No. 393 Session of 1999
INTRODUCED BY FEESE, GEORGE, MAITLAND, SNYDER, BARRAR, TIGUE,
PLATTS, GEIST, NICKOL, FARGO, CORRIGAN, KREBS, SAYLOR,
CHADWICK, DEMPSEY, TRELLO, LAUGHLIN, LYNCH, LEH, STAIRS,
HERMAN, WALKO, CURRY, HENNESSEY, MASLAND, MAHER, CLARK,
STERN, STEIL, BAKER, SCHRODER, McCALL, GANNON, S. H. SMITH,
YOUNGBLOOD, SEYFERT, STEELMAN, E. Z. TAYLOR, WILT, ORIE,
MICHLOVIC AND THOMAS, FEBRUARY 8, 1999
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 21, 2000
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) 27 <--
2 (ENVIRONMENTAL PROTECTION RESOURCES) of the Pennsylvania <--
3 Consolidated Statutes, providing for participation in
4 environmental law or regulation AND FOR COSTS IN MINING <--
5 PROCEEDINGS.
6 The General Assembly finds and declares as follows:
7 (1) There has been a disturbing increase in IT IS <--
8 CONTRARY TO THE PUBLIC INTEREST TO ALLOW lawsuits, known as
9 Strategic Lawsuits Against Public Participation (SLAPP), TO <--
10 BE brought primarily to chill the valid exercise by citizens
11 of their constitutional right to freedom of speech and to
12 petition the government for the redress of grievances.
13 (2) It is in the public interest to empower citizens to
14 bring a swift end to retaliatory lawsuits seeking to
15 undermine their participation in the establishment of State
16 and local environmental policy and in the implementation and
1 enforcement of environmental law and regulations.
2 (3) This act will ensure that a frivolous lawsuit or a <--
3 SLAPP can be resolved in a prompt manner by permitting
4 citizens to raise civil immunity to such suits when filing a
5 preliminary objection for legal insufficiency of a pleading
6 or demurrer or upon another appropriate motion and to obtain
7 a stay on discovery as provided for in this act.
8 (4) A court should grant or deny relief on the
9 preliminary objection or other appropriate motion without
10 reserving the matter for further discovery.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Title 42 27 of the Pennsylvania Consolidated <--
14 Statutes is amended by adding a section CHAPTERS to read: <--
15 § 8340.1. Participation in environmental law or regulation. <--
16 (a) Immunity.--
17 (1) A person who acts in furtherance of the person's
18 right of petition or free speech under the Constitution of
19 the United States or the Constitution of Pennsylvania in
20 connection with an issue related to enforcement or
21 implementation of environmental law or regulation shall be
22 immune from civil liability in any action except where the
23 communication to the government agency is not genuinely aimed
24 at procuring a favorable governmental action, result or
25 outcome.
26 (2) A communication is not genuinely aimed at procuring
27 a favorable governmental action, result or outcome if it:
28 (i) is not material or relevant to the enforcement
29 or implementation of environmental law or regulation;
30 (ii) was knowingly false when made;
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1 (iii) was rendered with reckless disregard as to the
2 truth or falsity of the statement when made; or
3 (iv) represented a wrongful use of process or abuse
4 of process.
5 (b) Stay of discovery.--The court shall stay all discovery
6 proceedings in the action upon the filing of preliminary
7 objections for legal insufficiency of a pleading or other
8 appropriate motion on the basis of immunity, provided, however,
9 that the court, on motion and after a hearing and for good cause
10 shown, may order that specified discovery be conducted. The stay
11 of discovery shall remain in effect until notice of the entry of
12 the order ruling on the preliminary objections or on another
13 appropriate motion.
14 (c) Admissibility of court determination.--If the court
15 determines that the plaintiff has established that there is a
16 substantial likelihood that the plaintiff will prevail on the
17 claim, neither that determination nor the fact of that
18 determination shall be admissible in evidence at any later stage
19 of the case, and no burden of proof or degree of proof otherwise
20 applicable shall be affected by that determination.
21 (d) Intervention.--The government agency involved in the
22 furtherance of a person's right of petition or free speech under
23 the Constitution of the United States or the Constitution of
24 Pennsylvania in connection with a public issue may intervene or
25 otherwise participate as an amicus curiae in the action
26 involving public petition and participation.
27 (e) Legal protections of defendants.--Nothing in this
28 section shall be construed to limit any constitutional,
29 statutory or common-law protections of defendants to actions
30 involving public petition and participation.
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1 (f) Abuse of legal process.--In addition to other costs or
2 remedies allowed by general rule or statute, in any
3 administrative or judicial proceeding related to the enforcement
4 or implementation of environmental law or regulation, the agency
5 or court may award costs, including reasonable attorney fees, if
6 the agency or court determines that an action, appeal, claim,
7 motion or pleading is frivolous or taken solely for delay or
8 that the conduct of a party or counsel is dilatory or vexatious.
9 (g) Definitions.--The following words and phrases when used
10 in this section shall have the meanings given to them in this
11 subsection unless the context clearly indicates otherwise:
12 "Act in furtherance of a person's right of petition or free
13 speech under the United States Constitution or the Constitution
14 of Pennsylvania in connection with a public issue." Any written
15 or oral statement or writing made before a legislative,
16 executive or judicial proceeding, or any other official
17 proceeding authorized by law; any written or oral statement or
18 writing made in connection with an issue under consideration or
19 review by a legislative, executive or judicial body, or any
20 other official proceeding authorized by law; any written or oral
21 statement or writing made in a place open to the public or a
22 public forum in connection with an issue of public interest; or
23 any written or oral statement or writing made to a government
24 agency in connection with the implementation and enforcement of
25 environmental law and regulations.
26 "Enforcement of environmental law and regulations." Any
27 activity related to the identification and elimination of
28 violations of environmental laws and regulations, including
29 investigations of alleged violations, inspections of activities
30 subject to regulation under environmental law and regulations
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1 and responses taken to produce correction of the violations.
2 "Government agency." The Federal Government, the
3 Commonwealth and all of its departments, commissions, boards,
4 agencies and authorities, and all political subdivisions and
5 their authorities.
6 "Implementation of environmental law and regulations." Any
7 activity related to the development and administration of
8 environmental programs developed under environmental law and
9 regulations.
10 Section 2. This act shall take effect in 60 days.
11 SUBPART A <--
12 GENERAL PROVISIONS
13 CHAPTER
14 77. COSTS AND FEES
15 83. PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION
16 CHAPTER 77
17 COSTS AND FEES
18 SEC.
19 7707. PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION.
20 7708. COSTS FOR MINING PROCEEDINGS.
21 § 7707. PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION.
22 (A) JUDICIAL.--A PERSON THAT SUCCESSFULLY DEFENDS AGAINST AN <--
23 ACTION UNDER CHAPTER 83 (RELATING TO PARTICIPATION IN
24 ENVIRONMENTAL LAW OR REGULATION) SHALL BE AWARDED REASONABLE
25 ATTORNEY FEES AND THE COSTS OF LITIGATION. IF THE PERSON
26 PREVAILS IN PART, THE COURT MAY MAKE A FULL AWARD OR A
27 PROPORTIONATE AWARD.
28 (B) ADMINISTRATIVE.--THE ENVIRONMENTAL HEARING BOARD MAY <--
29 AWARD COSTS AND REASONABLE ATTORNEY FEES IF IT DETERMINES ANY OF
30 THE FOLLOWING:
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1 (1) AN ACTION, MOTION OR PLEADING BEFORE IT IS
2 FRIVOLOUS.
3 (2) AN ACTION, MOTION OR PLEADING BEFORE IT IS TAKEN
4 SOLELY FOR DELAY.
5 (3) THE CONDUCT OF A PARTY IS DILATORY OR VEXATIOUS.
6 § 7708. COSTS FOR MINING PROCEEDINGS.
7 (A) PURPOSE.--THIS SECTION ESTABLISHES COSTS AND FEES
8 AVAILABLE IN PROCEEDINGS INVOLVING COAL MINING ACTIVITIES. THE
9 PURPOSE OF THIS SECTION IS TO PROVIDE COSTS AND FEES TO THE SAME
10 EXTENT OF SECTION 525(E) OF THE SURFACE MINING CONTROL AND
11 RECLAMATION ACT OF 1977 (PUBLIC LAW 95-87, 30 U.S.C. § 1201 ET
12 SEQ.) AND THE REGULATIONS PROMULGATED PURSUANT THERETO. IT IS
13 HEREBY DETERMINED THAT IT IS IN THE PUBLIC INTEREST FOR THE
14 COMMONWEALTH TO MAINTAIN PRIMARY JURISDICTION OVER THE
15 ENFORCEMENT AND ADMINISTRATION OF THE SURFACE MINING CONTROL AND
16 RECLAMATION ACT OF 1977 AND THAT THE PURPOSE OF THIS SECTION IS
17 TO MAINTAIN PRIMARY JURISDICTION OVER COAL MINING IN THIS
18 COMMONWEALTH BUT IN NO EVENT TO AUTHORIZE STANDARDS WHICH ARE
19 MORE STRINGENT THAN FEDERAL STANDARDS FOR THE AWARD OF COSTS AND
20 FEES.
21 (B) GENERAL RULE.--ANY PARTY MAY FILE A PETITION FOR AWARD
22 OF COSTS AND FEES REASONABLY INCURRED AS A RESULT OF THAT
23 PARTY'S PARTICIPATION IN ANY PROCEEDING INVOLVING COAL MINING
24 ACTIVITIES WHICH RESULTS IN A FINAL ADJUDICATION BEING ISSUED BY
25 THE ENVIRONMENTAL HEARING BOARD OR A FINAL ORDER BEING ISSUED BY
26 AN APPELLATE COURT.
27 (C) RECIPIENTS OF AWARDS.--APPROPRIATE COSTS AND FEES
28 INCURRED FOR A PROCEEDING CONCERNING COAL MINING ACTIVITIES MAY
29 BE AWARDED:
30 (1) TO ANY PARTY FROM THE PERMITTEE, IF:
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1 (I) THE PARTY INITIATES OR PARTICIPATES IN ANY
2 PROCEEDING REVIEWING ENFORCEMENT ACTIONS UPON A FINDING
3 THAT A VIOLATION OF A COMMONWEALTH COAL MINING ACT,
4 REGULATION OR PERMIT HAS OCCURRED OR THAT AN IMMINENT
5 HAZARD EXISTED.
6 (II) THE ENVIRONMENTAL HEARING BOARD DETERMINES THAT
7 THE PARTY MADE A SUBSTANTIAL CONTRIBUTION TO THE FULL AND
8 FAIR DETERMINATION OF THE ISSUES.
9 EXCEPT THAT THE CONTRIBUTION OF A PARTY WHO DID NOT INITIATE
10 A PROCEEDING SHALL BE SEPARATE AND DISTINCT FROM THE
11 CONTRIBUTION MADE BY A PARTY INITIATING THE PROCEEDING.
12 (2) TO ANY PARTY, OTHER THAN A PERMITTEE OR HIS
13 REPRESENTATIVE, FROM THE DEPARTMENT, IF THAT PARTY:
14 (I) INITIATES OR PARTICIPATES IN ANY PROCEEDING
15 CONCERNING COAL MINING ACTIVITIES.
16 (II) PREVAILS IN WHOLE OR IN PART, ACHIEVING AT
17 LEAST SOME DEGREE OF SUCCESS ON THE MERITS.
18 UPON A FINDING THAT THE PARTY MADE A SUBSTANTIAL CONTRIBUTION
19 TO A FULL AND FAIR DETERMINATION OF THE ISSUES.
20 (3) TO A PERMITTEE FROM THE DEPARTMENT WHEN THE
21 PERMITTEE DEMONSTRATES THAT THE DEPARTMENT IN A MATTER
22 CONCERNING COAL MINING ACTIVITIES ISSUED AN ORDER OF
23 CESSATION, A COMPLIANCE ORDER OR AN ORDER TO SHOW CAUSE WHY A
24 PERMIT SHOULD NOT BE SUSPENDED OR REVOKED, IN BAD FAITH AND
25 FOR THE PURPOSE OF HARASSING OR EMBARRASSING THE PERMITTEE.
26 (4) TO A PERMITTEE FROM ANY PARTY WHERE THE PERMITTEE
27 DEMONSTRATES THAT THE PARTY, IN BAD FAITH AND FOR THE PURPOSE
28 OF HARASSING OR EMBARRASSING THE PERMITTEE:
29 (I) INITIATED A PROCEEDING UNDER ONE OR MORE OF THE
30 COAL MINING ACTS OR THE REGULATIONS PROMULGATED PURSUANT
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1 TO ANY OF THOSE ACTS CONCERNING COAL MINING ACTIVITIES;
2 OR
3 (II) PARTICIPATED IN SUCH A PROCEEDING IN BAD FAITH
4 FOR THE PURPOSE OF HARASSING OR EMBARRASSING THE
5 PERMITTEE.
6 (D) TIME FOR FILING.--THE PETITION FOR AN AWARD OF COSTS AND
7 FEES SHALL BE FILED WITH THE ENVIRONMENTAL HEARING BOARD WITHIN
8 30 DAYS OF THE DATE AN ADJUDICATION OF THE ENVIRONMENTAL HEARING
9 BOARD BECOMES FINAL.
10 (E) CONTENTS OF PETITION.--A PETITION FILED UNDER THIS
11 SECTION SHALL INCLUDE THE NAME OF THE PARTY FROM WHOM COSTS AND
12 FEES ARE SOUGHT AND THE FOLLOWING SHALL BE SUBMITTED IN SUPPORT
13 OF THE PETITION:
14 (1) AN AFFIDAVIT SETTING FORTH IN DETAIL ALL REASONABLE
15 COSTS AND FEES REASONABLY INCURRED FOR OR IN CONNECTION WITH
16 THE PARTY'S PARTICIPATION IN THE PROCEEDING.
17 (2) RECEIPTS OR OTHER EVIDENCE OF SUCH COSTS AND FEES.
18 (3) WHERE ATTORNEY FEES ARE CLAIMED, EVIDENCE CONCERNING
19 THE HOURS EXPENDED ON THE CASE, THE CUSTOMARY COMMERCIAL RATE
20 OF PAYMENT FOR SUCH SERVICES IN THE AREA AND THE EXPERIENCE,
21 REPUTATION AND ABILITY OF THE INDIVIDUAL OR INDIVIDUALS
22 PERFORMING THE SERVICES.
23 (F) ANSWER.--ANY PARTY SHALL HAVE 30 DAYS FROM SERVICE OF
24 THE PETITION WITHIN WHICH TO FILE AN ANSWER TO SUCH PETITION.
25 (G) EXCLUSIVE REMEDY.--EXCEPT FOR SECTION 601 OF THE ACT OF
26 JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS THE CLEAN STREAMS
27 LAW, SECTION 18.3 OF THE ACT OF MAY 31, 1945 (P.L.1198, NO.418),
28 KNOWN AS THE SURFACE MINING CONSERVATION AND RECLAMATION ACT,
29 SECTION 13 OF THE ACT OF APRIL 27, 1966 (1ST SP.SESS., P.L.31,
30 NO.1), KNOWN AS THE BITUMINOUS MINE SUBSIDENCE AND LAND
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1 CONSERVATION ACT AND SECTION 13 OF THE ACT OF SEPTEMBER 24, 1968
2 (P.L.1040, NO.318), KNOWN AS THE COAL REFUSE DISPOSAL CONTROL
3 ACT, THIS SECTION SHALL BE THE EXCLUSIVE REMEDY FOR THE AWARDING
4 OF COSTS AND FEES IN PROCEEDINGS INVOLVING COAL MINING
5 ACTIVITIES.
6 (H) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED
7 IN THIS SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
8 SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
9 "COAL MINING ACTIVITIES." THE EXTRACTION OF COAL FROM THE
10 EARTH, WASTE OR STOCKPILES, PITS OR BANKS BY REMOVING THE STRATA
11 OR MATERIAL WHICH OVERLIES OR IS ABOVE OR BETWEEN THEM OR
12 OTHERWISE EXPOSING AND RETRIEVING THEM FROM THE SURFACE,
13 INCLUDING, BUT NOT LIMITED TO, STRIP MINING, AUGER MINING,
14 DREDGING, QUARRYING AND LEACHING AND ALL SURFACE ACTIVITY
15 CONNECTED WITH SURFACE OR UNDERGROUND COAL MINING, INCLUDING,
16 BUT NOT LIMITED TO, EXPLORATION, SITE PREPARATION, COAL
17 PROCESSING OR CLEANING, COAL REFUSE DISPOSAL, ENTRY, TUNNEL,
18 DRIFT, SLOPE, SHAFT AND BOREHOLE DRILLING AND CONSTRUCTION, ROAD
19 CONSTRUCTION, USE, MAINTENANCE AND RECLAMATION, WATER SUPPLY
20 RESTORATION OR REPLACEMENT, REPAIR OR COMPENSATION FOR DAMAGES
21 TO STRUCTURES CAUSED BY UNDERGROUND COAL MINING AND ALL
22 ACTIVITIES RELATED THERETO.
23 "COAL MINING ACTS." THE PROVISIONS OF THE ACT OF JUNE 22,
24 1937 (P.L.1987, NO.394), KNOWN AS THE CLEAN STREAMS LAW, THE ACT
25 OF MAY 31, 1945 (P.L.1198, NO.418), KNOWN AS THE SURFACE MINING
26 CONSERVATION AND RECLAMATION ACT, THE ACT OF APRIL 27, 1966 (1ST
27 SP.SESS., P.L.31, NO.1), KNOWN AS THE BITUMINOUS MINE SUBSIDENCE
28 AND LAND CONSERVATION ACT, AND THE ACT OF SEPTEMBER 24, 1968
29 (P.L.1040, NO.318), KNOWN AS THE COAL REFUSE DISPOSAL CONTROL
30 ACT, WHICH GOVERN COAL MINING OR ACTIVITIES RELATED TO COAL
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1 MINING.
2 "COSTS AND FEES." ALL REASONABLE COSTS AND EXPENSES,
3 INCLUDING ATTORNEY FEES AND EXPERT WITNESS FEES, REASONABLY
4 INCURRED AS A RESULT OF PARTICIPATION IN A PROCEEDING INVOLVING
5 COAL MINING ACTIVITIES.
6 "DEPARTMENT." THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF
7 THE COMMONWEALTH.
8 "PROCEEDING." APPEALS OF FINAL DEPARTMENT OF ENVIRONMENTAL
9 PROTECTION ACTIONS BEFORE THE ENVIRONMENTAL HEARING BOARD AND
10 JUDICIAL REVIEW OF ENVIRONMENTAL HEARING BOARD ADJUDICATIONS.
11 CHAPTER 83
12 PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION
13 SEC.
14 8301. DEFINITIONS.
15 8302. IMMUNITY.
16 8303. INTERVENTION. <--
17 8304. CONSTRUCTION.
18 8303. RIGHT TO A HEARING. <--
19 8304. INTERVENTION.
20 8305. CONSTRUCTION.
21 § 8301. DEFINITIONS.
22 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
23 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
24 CONTEXT CLEARLY INDICATES OTHERWISE:
25 "COMMUNICATION TO THE GOVERNMENT." A WRITTEN OR ORAL
26 STATEMENT OR WRITING MADE:
27 (1) BEFORE A LEGISLATIVE, EXECUTIVE OR JUDICIAL
28 PROCEEDING OR ANY OTHER OFFICIAL PROCEEDING AUTHORIZED BY
29 LAW;
30 (2) IN CONNECTION WITH AN ISSUE UNDER CONSIDERATION OR
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1 REVIEW BY A LEGISLATIVE, EXECUTIVE OR JUDICIAL BODY OR ANY
2 OTHER OFFICIAL PROCEEDING AUTHORIZED BY LAW; OR
3 (3) TO A GOVERNMENT AGENCY IN CONNECTION WITH THE
4 IMPLEMENTATION AND ENFORCEMENT OF ENVIRONMENTAL LAW AND
5 REGULATIONS.
6 "ENFORCEMENT OF ENVIRONMENTAL LAW AND REGULATION." ACTIVITY
7 RELATING TO THE IDENTIFICATION AND ELIMINATION OF VIOLATIONS OF
8 ENVIRONMENTAL LAWS AND REGULATIONS, INCLUDING INVESTIGATIONS OF
9 ALLEGED VIOLATIONS, INSPECTIONS OF ACTIVITIES SUBJECT TO
10 REGULATION UNDER ENVIRONMENTAL LAW AND REGULATIONS AND RESPONSES
11 TAKEN TO PRODUCE CORRECTION OF THE VIOLATIONS.
12 "GOVERNMENT AGENCY." THE FEDERAL GOVERNMENT, THE
13 COMMONWEALTH AND ANY OF THE COMMONWEALTH'S DEPARTMENTS,
14 COMMISSIONS, BOARDS, AGENCIES, AUTHORITIES, POLITICAL
15 SUBDIVISIONS OR THEIR AUTHORITIES. SUBDIVISIONS, OR THEIR <--
16 DEPARTMENTS, COMMISSIONS, BOARDS, AGENCIES OR AUTHORITIES.
17 "IMPLEMENTATION OF ENVIRONMENTAL LAW AND REGULATION."
18 ACTIVITY RELATING TO THE DEVELOPMENT AND ADMINISTRATION OF
19 ENVIRONMENTAL PROGRAMS DEVELOPED UNDER ENVIRONMENTAL LAW AND
20 REGULATIONS.
21 § 8302. IMMUNITY.
22 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), A
23 PERSON THAT, PURSUANT TO FEDERAL OR STATE LAW, FILES AN ACTION
24 IN THE COURTS OF THIS COMMONWEALTH TO ENFORCE AN ENVIRONMENTAL
25 LAW OR REGULATION OR THAT MAKES AN ORAL OR WRITTEN COMMUNICATION
26 TO A GOVERNMENT AGENCY RELATING TO ENFORCEMENT OR IMPLEMENTATION
27 OF AN ENVIRONMENTAL LAW OR REGULATION SHALL BE IMMUNE FROM CIVIL
28 LIABILITY IN ANY RESULTING LEGAL PROCEEDING FOR DAMAGES WHERE
29 THE ACTION OR COMMUNICATION IS AIMED AT PROCURING FAVORABLE
30 GOVERNMENTAL ACTION.
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1 (B) EXCEPTIONS.--A PERSON SHALL NOT BE IMMUNE UNDER THIS
2 SECTION IF ANY OF THE FOLLOWING APPLY: <--
3 (1) THE ALLEGATION IN THE ACTION OR COMMUNICATION IS NOT
4 RELEVANT OR MATERIAL TO THE ENFORCEMENT OR IMPLEMENTATION OF
5 AN ENVIRONMENTAL LAW OR REGULATION. SECTION IF THE ALLEGATION <--
6 IN THE ACTION OR ANY COMMUNICATION TO THE GOVERNMENT IS NOT
7 RELEVANT OR MATERIAL TO THE ENFORCEMENT OR IMPLEMENTATION OF
8 AN ENVIRONMENTAL LAW OR REGULATION AND:
9 (2) THE (1) THE ALLEGATION IN THE ACTION OR <--
10 COMMUNICATION IS KNOWINGLY FALSE, DELIBERATELY MISLEADING OR
11 MADE WITH MALICIOUS AND RECKLESS DISREGARD FOR THE TRUTH OR <--
12 FALSITY; <--
13 (3) THE (2) THE ALLEGATION IN THE ACTION OR <--
14 COMMUNICATION IS MADE FOR THE SOLE PURPOSE OF INTERFERING
15 WITH EXISTING OR PROPOSED BUSINESS RELATIONSHIPS; OR <--
16 (4) THE (3) THE ORAL OR WRITTEN COMMUNICATION TO A <--
17 GOVERNMENT AGENCY RELATING TO ENFORCEMENT OR IMPLEMENTATION
18 OF AN ENVIRONMENTAL LAW OR REGULATION IS LATER DETERMINED TO
19 BE A WRONGFUL USE OF PROCESS OR AN ABUSE OF PROCESS.
20 § 8303. RIGHT TO A HEARING. <--
21 A PERSON WHO WISHES TO RAISE THE DEFENSE OF IMMUNITY FROM
22 CIVIL LIABILITY UNDER THIS CHAPTER MAY FILE A MOTION WITH THE
23 COURT REQUESTING THE COURT TO CONDUCT A HEARING TO DETERMINE THE
24 PRELIMINARY ISSUE OF IMMUNITY. IF A MOTION IS FILED, THE COURT
25 SHALL THEN CONDUCT A HEARING AND IF THE MOTION IS DENIED, THE
26 MOVING PARTY SHALL HAVE AN INTERLOCUTORY APPEAL OF RIGHT TO THE
27 COMMONWEALTH COURT, DURING WHICH TIME ALL DISCOVERY SHALL BE
28 STAYED.
29 § 8303 8304. INTERVENTION. <--
30 A GOVERNMENT AGENCY HAS THE RIGHT TO PETITION TO INTERVENE OR
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1 OTHERWISE PARTICIPATE AS AN AMICUS CURIAE IN THE ACTION
2 INVOLVING PUBLIC PETITION AND PARTICIPATION.
3 § 8304 8305. CONSTRUCTION. <--
4 NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO LIMIT ANY
5 CONSTITUTIONAL, STATUTORY OR COMMON LAW PROTECTIONS OF
6 DEFENDANTS TO ACTIONS INVOLVING PUBLIC PETITION AND
7 PARTICIPATION.
8 SECTION 2. THE FOLLOWING ACTS OR PARTS OF ACTS ARE REPEALED: <--
9 THE FIFTH SENTENCE OF SUBSECTION (B) OF SECTION 307 OF THE
10 ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS THE CLEAN
11 STREAMS LAW.
12 SECTION 2. (A) THE FOLLOWING ACTS OR PARTS OF ACTS ARE <--
13 REPEALED:
14 THE FIFTH SENTENCE OF SECTION 4(B) AND SUBSECTION (F)(2)(V) <--
15 (F)(5) OF SECTION 4.2 OF THE ACT OF MAY 31, 1945 (P.L.1198, <--
16 NO.418), KNOWN AS THE SURFACE MINING CONSERVATION AND
17 RECLAMATION ACT.
18 THE LAST SENTENCE OF SECTION 5(G) OF THE ACT OF APRIL 27,
19 1966 (1ST SP.SESS., P.L.31, NO.1), KNOWN AS THE BITUMINOUS MINE
20 SUBSIDENCE AND LAND CONSERVATION ACT.
21 THE LAST SENTENCE OF SECTION 5(I) OF THE ACT OF SEPTEMBER 24,
22 1968 (P.L.1040, NO.318), KNOWN AS THE COAL REFUSE DISPOSAL
23 CONTROL ACT.
24 (B) ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS <--
25 THEY ARE INCONSISTENT WITH THIS ACT.
26 SECTION 3. THE ADDITION OF 27 PA.C.S. § 7708 SHALL APPLY TO
27 ALL PROCEEDINGS AND PETITIONS FOR COSTS AND FEES FILED AFTER THE
28 EFFECTIVE DATE OF THIS ACT.
29 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
30 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
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1 IMMEDIATELY:
2 (I) THE ADDITION OF 27 PA.C.S. § 7708.
3 (II) THIS SECTION.
4 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
5 DAYS.
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