Pennsylvania § 8319 Ecoterrorism

Pennsylvania Statutes

§ 8319 — Ecoterrorism

Pennsylvania·Title 42 JUDICIARY AND JUDICIAL PROCEDURE·Part PART VII·Ch. 83 PARTICULAR RIGHTS AND IMMUNITIES·Subch. RIGHTS OF ACTION

(a)Civil action and relief.--An individual aggrieved by the offense of ecoterrorism as defined in 18 Pa.C.S. § 3311(a) (relating to ecoterrorism) may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including compensatory and punitive damages, reasonable investigative expenses and reasonable attorney fees and other costs associated with the litigation. Upon a showing of cause for the issuance of injunctive relief, a court may issue temporary restraining orders, preliminary injunctions and permanent injunctions as may be appropriate under this section. During any period that an action under this section is pending, a court may order the cessation of the activity forming the basis of the complaint.

(b)Valuations.--In awarding damages under this section

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(a) Civil action and relief.--An individual aggrieved by the offense of ecoterrorism as defined in 18 Pa.C.S. § 3311(a) (relating to ecoterrorism) may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including compensatory and punitive damages, reasonable investigative expenses and reasonable attorney fees and other costs associated with the litigation. Upon a showing of cause for the issuance of injunctive relief, a court may issue temporary restraining orders, preliminary injunctions and permanent injunctions as may be appropriate under this section. During any period that an action under this section is pending, a court may order the cessation of the activity forming the basis of the complaint.

(b) Valuations.--In awarding damages under this section, a court shall consider the market value of the property prior to damage and production, research, testing, replacement and development costs directly related to the property that has been damaged as part of the value of the property as well as damage to any records, data and data-gathering equipment or devices.

(c) Limitations.--Damages recovered under this section shall be limited to triple the market value of the property prior to damage and actual damages involving production, research, testing, replacement and development costs directly related to the property that has been damaged.

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Legislative History

(Apr. 14, 2006, P.L.81, No.27, eff. 60 days) 2006 Amendment.Act 27 added section 8319. Cross References.Section 8319 is referred to in section 3311 of Title 18 (Crimes and Offenses).