Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
§ 8302. Immunity.
(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.
Notes of Decisions
Pennsbury Vill. Assocs., LLC v. McIntyre, 11 A.3d 906 (Pa. 2011).
· cites it 6× “27 Pa.C.S. § 8302(a). When the trial court did not rule on the preliminary objections, appellee moved for immunity pursuant to 27 Pa.”
Pennsbury Vill. Assocs., LLC v. McIntyre, 949 A.2d 956 (Pa. Commw. Ct. 2008).
· cites it 6× “McIntyre questions whether the trial court abused its discretion and/or erred in ruling that he is not immune from civil liability under 27 Pa.C.S. § 8302; erred in determining that County regulations restricting the use of open space purchased with County grant funds are not an…”
Carlson v. Ciavarelli, 100 A.3d 731 (Pa. Commw. Ct. 2014).
· cites it 4× “” 27 Pa.C.S. § 8302. *737 Copies of photographs, plans, applications, letters, certificates and the transcript from the November 28, 2011 ZHB meeting were introduced at the Immunity Motion hearing.”
Freeman v. Swift, 776 N.W.2d 485 (Minn. Ct. App. 2009).
“§ 8302(a) (2009), provides immunity from civil liability, in relevant part, to a person that, pursuant to federal or state law, makes an oral or written communication to a government agency relating to enforcement or implementation of an environmental law or regulation "where…”
Ac2t, Inc. v. Purrington (E.D. Pa. 2020).
· cites it 3× “” 27 Pa. Cons. Stat. § 8302 (a). Defendant also argues that Pennsylvania law should apply because Pennsylvania has a relationship to the occurrence and the parties.”
J. Maransky v. J. Scott (Pa. Commw. Ct. 2019).
“] 27 Pa.C.S. §§ 8302(a) and (b) and 8303. 4 Additionally, notwithstanding the absence of a definition for “environmental law or regulation,” the Act provides, inter alia, the following pertinent definitions: “Enforcement of environmental law and regulation.”
— 27 Pa. Cons. Stat. § 8302(a) — 6 cases
Pennsbury Vill. Assocs., LLC v. McIntyre, 11 A.3d 906 (Pa. 2011).
“27 Pa.C.S. § 8302(a). When the trial court did not rule on the preliminary objections, appellee moved for immunity pursuant to 27 Pa.”
Carlson v. Ciavarelli, 100 A.3d 731 (Pa. Commw. Ct. 2014).
“” 27 Pa.C.S. § 8302. *737 Copies of photographs, plans, applications, letters, certificates and the transcript from the November 28, 2011 ZHB meeting were introduced at the Immunity Motion hearing.”
Pennsbury Vill. Assocs., LLC v. McIntyre, 949 A.2d 956 (Pa. Commw. Ct. 2008).
“McIntyre questions whether the trial court abused its discretion and/or erred in ruling that he is not immune from civil liability under 27 Pa.C.S. § 8302; erred in determining that County regulations restricting the use of open space purchased with County grant funds are not an…”
Freeman v. Swift, 776 N.W.2d 485 (Minn. Ct. App. 2009).
“§ 8302(a) (2009), provides immunity from civil liability, in relevant part, to a person that, pursuant to federal or state law, makes an oral or written communication to a government agency relating to enforcement or implementation of an environmental law or regulation "where…”
— 27 Pa. Cons. Stat. § 8302(b) — 2 cases
Carlson v. Ciavarelli, 100 A.3d 731 (Pa. Commw. Ct. 2014).
“” 27 Pa.C.S. § 8302. *737 Copies of photographs, plans, applications, letters, certificates and the transcript from the November 28, 2011 ZHB meeting were introduced at the Immunity Motion hearing.”
— 27 Pa. Cons. Stat. § 8302(b)(1) — 1 case
Pennsbury Vill. Assocs., LLC v. McIntyre, 11 A.3d 906 (Pa. 2011).
“27 Pa.C.S. § 8302(a). When the trial court did not rule on the preliminary objections, appellee moved for immunity pursuant to 27 Pa.”
— 27 Pa. Cons. Stat. § 8302(b)(2) — 1 case
Pennsbury Vill. Assocs., LLC v. McIntyre, 11 A.3d 906 (Pa. 2011).
“27 Pa.C.S. § 8302(a). When the trial court did not rule on the preliminary objections, appellee moved for immunity pursuant to 27 Pa.”
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.