PRINTER'S NO. 278
No. 277 Session of 2001
INTRODUCED BY ORIE, THOMAS, READSHAW, YOUNGBLOOD, BELARDI,
CORRIGAN, CAPPABIANCA, LAUGHLIN, SOLOBAY, WOJNAROSKI,
BELFANTI, STABACK, PRESTON, FRANKEL, PISTELLA, B. SMITH,
SHANER, MARSICO, TIGUE, KENNEY, McNAUGHTON, CIVERA,
WASHINGTON, STURLA, BARD, JOSEPHS, HORSEY, TRELLO AND
STEELMAN, JANUARY 30, 2001
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 30, 2001
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for
3 participation in certain environmental cases.
4 The General Assembly finds and declares as follows:
5 (1) There has been a disturbing increase in lawsuits,
6 known as Strategic Lawsuits Against Public Participation
7 (SLAPP), brought primarily to chill the valid exercise by
8 citizens of their constitutional right to freedom of speech
9 and to petition the government for the redress of grievances.
10 (2) It is in the public interest to empower citizens to
11 bring a swift end to retaliatory lawsuits seeking to
12 undermine their participation in the establishment of State
13 and local environmental policy and in the implementation and
14 enforcement of environmental law and regulations.
15 (3) This act will ensure that a frivolous lawsuit or a
16 SLAPP can be resolved in a prompt manner by permitting
1 citizens to raise civil immunity to such suits when filing a
2 preliminary objection for legal insufficiency of a pleading
3 or demurrer or upon another appropriate motion and to obtain
4 a stay on discovery as provided for in this act.
5 (4) A court should grant or deny relief on the
6 preliminary objection or other appropriate motion without
7 reserving the matter for further discovery.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Title 42 of the Pennsylvania Consolidated Statutes
11 is amended by adding a section to read:
12 § 8313. Participation in environmental law or regulation.
13 (a) Immunity.--
14 (1) A person who acts in furtherance of the person's
15 right of petition or free speech under the Constitution of
16 the United States or the Constitution of Pennsylvania in
17 connection with an issue related to enforcement or
18 implementation of environmental law or regulation shall be
19 immune from civil liability in any action except where the
20 communication to the government agency is not genuinely aimed
21 at procuring a favorable governmental action, result or
22 outcome.
23 (2) A communication is not genuinely aimed at procuring
24 a favorable governmental action, result or outcome if it:
25 (i) is not material or relevant to the enforcement
26 or implementation of environmental law or regulation;
27 (ii) was knowingly false when made;
28 (iii) was rendered with reckless disregard as to the
29 truth or falsity of the statement when made; or
30 (iv) represented a wrongful use of process or abuse
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1 of process.
2 (b) Stay of discovery.--The court shall stay all discovery
3 proceedings in the action upon the filing of preliminary
4 objections for legal insufficiency of a pleading or other
5 appropriate motion on the basis of immunity, provided, however,
6 that the court, on motion and after a hearing and for good cause
7 shown, may order that specified discovery be conducted. The stay
8 of discovery shall remain in effect until notice of the entry of
9 the order ruling on the preliminary objections or on another
10 appropriate motion.
11 (c) Admissibility of court determination.--If the court
12 determines that the plaintiff has established that there is a
13 substantial likelihood that the plaintiff will prevail on the
14 claim, neither that determination nor the fact of that
15 determination shall be admissible in evidence at any later stage
16 of the case, and no burden of proof or degree of proof otherwise
17 applicable shall be affected by that determination.
18 (d) Intervention.--The government agency involved in the
19 furtherance of a person's right of petition or free speech under
20 the Constitution of the United States or the Constitution of
21 Pennsylvania in connection with a public issue may intervene or
22 otherwise participate as an amicus curiae in the action
23 involving public petition and participation.
24 (e) Legal protections of defendants.--Nothing in this
25 section shall be construed to limit any constitutional,
26 statutory or common-law protections of defendants to actions
27 involving public petition and participation.
28 (f) Abuse of legal process.--In addition to other costs or
29 remedies allowed by general rule or statute, in any
30 administrative or judicial proceeding related to the enforcement
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1 or implementation of environmental law or regulation, the agency
2 or court may award costs, including reasonable attorney fees, if
3 the agency or court determines that an action, appeal, claim,
4 motion or pleading is frivolous or taken solely for delay or
5 that the conduct of a party or counsel is dilatory or vexatious.
6 (g) Definitions.--As used in this section, the following
7 words and phrases shall have the meanings given to them in this
8 subsection:
9 "Act in furtherance of a person's right of petition or free
10 speech under the United States Constitution or the Constitution
11 of Pennsylvania in connection with a public issue." Any written
12 or oral statement or writing made before a legislative,
13 executive or judicial proceeding, or any other official
14 proceeding authorized by law; any written or oral statement or
15 writing made in connection with an issue under consideration or
16 review by a legislative, executive or judicial body, or any
17 other official proceeding authorized by law; any written or oral
18 statement or writing made in a place open to the public or a
19 public forum in connection with an issue of public interest; or
20 any written or oral statement or writing made to a government
21 agency in connection with the implementation and enforcement of
22 environmental law and regulations.
23 "Enforcement of environmental law and regulations." Any
24 activity related to the identification and elimination of
25 violations of environmental laws and regulations, including
26 investigations of alleged violations, inspections of activities
27 subject to regulation under environmental law and regulations
28 and responses taken to produce correction of the violations.
29 "Government agency." The Federal Government, the
30 Commonwealth and all of its departments, commissions, boards,
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1 agencies and authorities, and all political subdivisions and
2 their authorities.
3 "Implementation of environmental law and regulations." Any
4 activity related to the development and administration of
5 environmental programs developed under environmental law and
6 regulations.
7 Section 2. This act shall take effect in 60 days.
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