SLAPP

Citizens concerned about environmental problems have certain legal protections under Pennsylvania law when they communicate with government officials. Declaring that “it is contrary to the public interest to allow lawsuits, known as Strategic Lawsuits Against Public Participation (SLAPP), to be brought primarily to chill the valid exercise by citizens of their constitutional right to freedom of speech and to petition the government for the redress of grievances,” the Participation in Environmental Law or Regulation Act provides immunity to any person who files a lawsuit/appeal or makes an oral or written communication to a government entity relating to the enforcement or implementation of an environmental law or regulation.

This memorandum reviews the 1/19/2011 PA Supreme Court opinion in Pennsbury Village Associates, LLC v. McIntyre and suggests precautions that might be taken by citizens hoping for immunity from SLAPP suits under PA's Environmental Immunity Act.