Pennsylvania Consolidated Statutes (Last Updated: January 27, 2015) |
Title27 ENVIRONMENTAL RESOURCES |
PARTVI. SANCTIONS AND REMEDIES |
SUBPARTC. IMMUNITY |
CHAPTER83. PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION |
§8303. Right to a hearing.
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A person who wishes to raise the defense of immunity from civil liability under this chapter may file a motion with the court requesting the court to conduct a hearing to determine the preliminary issue of immunity. If a motion is filed, the court shall then conduct a hearing and if the motion is denied, the moving party shall have an interlocutory appeal of right to the Commonwealth Court, during which time all discovery shall be stayed.