Pennsylvania Consolidated Statutes

27 Pa. Cons. Stat. § 8301 (2026)

Definitions.

✓ current as of May 2026

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CHAPTER 83

PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION

Sec.

8301. Definitions.

8302. Immunity.

8303. Right to a hearing.

8304. Intervention.

8305. Construction.

Enactment. Chapter 83 was added December 20, 2000, P.L.980, No.138, effective in 60 days.

Special Provisions in Appendix. See the preamble of Act 138 of 2000 in the appendix to this title for special provisions relating to legislative findings and declarations.

Cross References. Chapter 83 is referred to in section 7707 of this title.

§ 8301. Definitions.

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

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

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

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

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

"Enforcement of environmental law and regulation." Activity relating to the identification and elimination of violations of environmental laws and regulations, including investigations of alleged violations, inspections of activities subject to regulation under environmental law and regulations and responses taken to produce correction of the violations.

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

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

Notes of Decisions

Cited in 5 cases, 2005–2019 · leading case: Penllyn Greene Assocs., L.P. v. Clouser, 890 A.2d 424 (Pa. Commw. Ct. 2005).

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Penllyn Greene Assocs., L.P. v. Clouser, 890 A.2d 424 (Pa. Commw. Ct. 2005). · cites it 4× “Randall Clouser, John Schwarzenbach and Lawrencine Mazzoli (collectively Residents) appeal from the order of the Court of Common Pleas of Montgomery County (trial court) which denied them immunity from civil liability for abuse of process, *427 tortious interference with…”

Carlson v. Ciavarelli, 100 A.3d 731 (Pa. Commw. Ct. 2014). · cites it 2× “27 Pa.C.S. § 8301. Thus, in order to be a communication for which immunity may be afforded under Section 8302(a) of the Act, the communication must be (1) “to a government agency” and (2) “in connection with the implementation and enforcement of environmental law and regulations.”

Pennsbury Vill. Assocs., LLC v. McIntyre, 949 A.2d 956 (Pa. Commw. Ct. 2008). · cites it 2× “" 27 Pa. C.S. § 8301. There can be no question that Resolution No.”

Freeman v. Swift, 776 N.W.2d 485 (Minn. Ct. App. 2009). “…or review by a legislative, executive or judicial body or any other official proceeding authorized by law.” 27 Pa. Cons.Stat. Ann. § 8301 (2009).”

J. Maransky v. J. Scott (Pa. Commw. Ct. 2019). “27 Pa.C.S. § 8301 (emphasis added). By way of guidance as to how the Act works when a party seeks to invoke its immunity, the Supreme Court stated that a trial court must utilize a two- step process in analyzing an immunity claim.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.