1Amending Titles 27 (Environmental Resources) and 42 (Judiciary
2and Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, further providing for participation in
4environmental law or regulation; and, in particular rights
5and immunities, providing for participation in law or
6regulation related to an issue in the public interest.

7The General Assembly finds and declares as follows:

8(1) This act will ensure that a frivolous lawsuit or a
9Strategic Lawsuit Against Public Participation, popularly
10referred to as SLAPP, can be resolved in a prompt manner by
11permitting citizens to raise civil immunity to such suits
12when filing a preliminary objection for legal insufficiency
13of a pleading or demurrer or upon another appropriate motion
14and to obtain a stay on discovery as provided for in this
15act.

16(2) A court should grant or deny relief on the
17preliminary objection or other appropriate motion without
18reserving the matter for further discovery.

19The General Assembly of the Commonwealth of Pennsylvania
20hereby enacts as follows:

1Section 1. Section 7707 and Chapter 83 of Title 27 of the
2Pennsylvania Consolidated Statutes are repealed:

3[§ 7707. Participation in environmental law or regulation.

4A person that successfully defends against an action under
5Chapter 83 (relating to participation in environmental law or
6regulation) shall be awarded reasonable attorney fees and the
7costs of litigation. If the person prevails in part, the court
8may make a full award or a proportionate award.

9CHAPTER 83

10PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION

11§ 8301. Definitions.

12The following words and phrases when used in this chapter
13shall have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15"Communication to the government." A written or oral 
16statement or writing made:

17(1) before a legislative, executive or judicial
18proceeding or any other official proceeding authorized by
19law;

20(2) in connection with an issue under consideration or
21review by a legislative, executive or judicial body or any
22other official proceeding authorized by law; or

23(3) to a government agency in connection with the
24implementation and enforcement of environmental law and
25regulations.

26"Enforcement of environmental law and regulation." Activity 
27relating to the identification and elimination of violations of 
28environmental laws and regulations, including investigations of 
29alleged violations, inspections of activities subject to 
30regulation under environmental law and regulations and responses 

1taken to produce correction of the violations.

2"Government agency." The Federal Government, the 
3Commonwealth and any of the Commonwealth's departments, 
4commissions, boards, agencies, authorities, political 
5subdivisions or their departments, commissions, boards, agencies 
6or authorities.

7"Implementation of environmental law and regulation."
8Activity relating to the development and administration of 
9environmental programs developed under environmental law and 
10regulations.

11§ 8302. Immunity.

12(a) General rule.--Except as provided in subsection (b), a
13person that, pursuant to Federal or State law, files an action
14in the courts of this Commonwealth to enforce an environmental
15law or regulation or that makes an oral or written communication
16to a government agency relating to enforcement or implementation
17of an environmental law or regulation shall be immune from civil
18liability in any resulting legal proceeding for damages where
19the action or communication is aimed at procuring favorable
20governmental action.

21(b) Exceptions.--A person shall not be immune under this
22section if the allegation in the action or any communication to
23the government is not relevant or material to the enforcement or
24implementation of an environmental law or regulation and:

25(1) the allegation in the action or communication is
26knowingly false, deliberately misleading or made with
27malicious and reckless disregard for the truth or falsity;

28(2) the allegation in the action or communication is
29made for the sole purpose of interfering with existing or
30proposed business relationships; or

1(3) the oral or written communication to a government
2agency relating to enforcement or implementation of an
3environmental law or regulation is later determined to be a
4wrongful use of process or an abuse of process.

5§ 8303. Right to a hearing.

6A person who wishes to raise the defense of immunity from
7civil liability under this chapter may file a motion with the
8court requesting the court to conduct a hearing to determine the
9preliminary issue of immunity. If a motion is filed, the court
10shall then conduct a hearing and if the motion is denied, the
11moving party shall have an interlocutory appeal of right to the
12Commonwealth Court, during which time all discovery shall be
13stayed.

14§ 8304. Intervention.

15A government agency has the right to petition to intervene or
16otherwise participate as an amicus curiae in the action
17involving public petition and participation.

18§ 8305. Construction.

19Nothing in this chapter shall be construed to limit any
20constitutional, statutory or common law protections of
21defendants to actions involving public petition and
22participation.]

23Section 2. Title 42 is amended by adding a section to read:

24§ 8340.3. Participation in law or regulation related to an
25issue in the public interest.

26(a) Immunity.--

27(1) A person who acts in furtherance of the person's
28right of petition or free speech under the Constitution of
29the United States or the Constitution of Pennsylvania in
30connection with enforcement or implementation of law or

1regulation related to an issue in the public interest shall
2be immune from civil liability in any action except where the
3communication to the government agency is not genuinely aimed
4at procuring a favorable governmental action, result or
5outcome.

6(2) A communication is not genuinely aimed at procuring
7a favorable governmental action, result or outcome if it:

8(i) is not material or relevant to the enforcement
9or implementation of law or regulation related to an
10issue in the public interest;

11(ii) was knowingly false when made;

12(iii) was rendered with reckless disregard as to the
13truth or falsity of the statement when made; or

14(iv) represented a wrongful use of process or abuse
15of process.

16(b) Stay of discovery.--The court shall stay all discovery
17proceedings in the action upon the filing of preliminary
18objections for legal insufficiency of a pleading or other
19appropriate motion on the basis of immunity, provided, however,
20that the court, on motion and after a hearing and for good cause
21shown, may order that specified discovery be conducted. The stay
22of discovery shall remain in effect until notice of the entry of
23the order ruling on the preliminary objections or on another
24appropriate motion.

25(c) Admissibility of court determination.--If the court
26determines that the plaintiff has established that there is a
27substantial likelihood that the plaintiff will prevail on the
28claim, neither that determination nor the fact of that
29determination shall be admissible in evidence at any later stage
30of the case, and no burden of proof or degree of proof otherwise

1applicable shall be affected by that determination.

2(d) Intervention.--The government agency involved in the
3furtherance of a person's right of petition or free speech under
4the Constitution of the United States or the Constitution of
5Pennsylvania in connection with a public issue may intervene or
6otherwise participate as an amicus curiae in the action
7involving public petition and participation.

8(e) Legal protections of defendants.--Nothing in this
9section may be construed to limit any constitutional, statutory
10or common-law protections of defendants to actions involving
11public petition and participation.

12(f) Abuse of legal process.--In addition to other costs or
13remedies allowed by general rule or statute, in an
14administrative or judicial proceeding related to the enforcement
15or implementation of law or regulation related to an issue in
16the public interest, the agency or court shall award costs,
17including reasonable litigation fees and court costs, if the
18agency or court determines that an action, appeal, claim, motion
19or pleading is frivolous or taken solely for delay or that the
20conduct of a party or counsel is dilatory or vexatious.

21(g) Definitions.--As used in this section, the following 
22words and phrases shall have the meanings given to them in this 
23subsection:

24"Act in furtherance of a person's right of petition or free
25speech under the United States Constitution or the Constitution
26of Pennsylvania in connection with a public issue." Any of the
27following:

28(1) A written or oral statement or writing made before a
29legislative, executive or judicial proceeding, or any other
30official proceeding authorized by law.

1(2) A written or oral statement or writing made in
2connection with an issue under consideration or review by a
3legislative, executive or judicial body, or any other
4official proceeding authorized by law.

5(3) A written or oral statement or writing made in a
6place open to the public or a public forum in connection with
7an issue of public interest.

8(4) A written or oral statement or writing made to a
9government agency in connection with the implementation and
10enforcement of law and regulation related to an issue in the
11public interest.

12"Enforcement and implementation of law and regulation related
13to an issue of public interest." An activity related to the
14identification and elimination of violations of law and
15regulation and to the development of rules for the
16administration of programs established under law or in
17connection with an application for a permit, zoning change,
18lease, license, certificate or other entitlement for use or
19permission to act from a government agency.

20"Government agency." The Federal Government, the
21Commonwealth and all of its departments, commissions, boards,
22agencies and authorities, and all political subdivisions and
23their authorities.

24"Litigation fees." Costs of litigation, including, but not
25limited to, reasonable attorney and expert witness fees incurred
26in connection with litigation.

27Section 3. This act shall take effect in 60 days.