HOUSE DOCKET, NO. 4029        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1448

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael S. Day, (BY REQUEST)

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to Improve enforcement of environmental quality.

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PETITION OF:

HOUSE DOCKET, NO. 4029        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1448

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act to Improve enforcement of environmental quality.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION I. – The Massachusetts General Laws are hereby amended by inserting the following new chapter:

Citizen Environmental Negligence – Right of Action Act

PURPOSE – Public Policy requires various avenues of enforcement, that provide enforcement of laws, and legal regulations, including those that relate to Public Health, Environmental Pollution, and Environmental Justice.

SECTION II. – Any individual, community, or local organization, negatively damaged, by Specific Environmental Pollution (SEP), may bring a Civil Action, in a District Court of The Commonwealth of Massachusetts; without respect to the amount of controversy, citizenship of the parties, or possibility of other regulatory and/or administrative remedy; seeking redress, by order, compensation, and/or other appropriate legal action.

Such Specific Environmental Pollution (SEP), which may be either evidently deliberate; and/or apparently unintentional, but causing negligent harm, can be addressed, in court actions; and those persons, communities, and organizations having suffered negative damage, may receive appropriate compensation, and/or remedial actions.

SECTION III-A. – A Right Of Action (ROA) brought by such party, or parties, with sufficient standing, based on actual, or sufficient evidence of harm, shall be entitled to an attorney, appointed by a District Court; and such court, may appoint appropriate legal counsel, and authorize initiation of legal action.

SECTION III-B. – Definition of Forms of Action – Actions Brought Under This Statute

Such actions, may be specified, as individual Rights Of Action (ROA); Community Rights Of Action (CRA); and/or Class Actions.

SECTION IV – Definition of Damages, And/Or Remedial Requirements

If a Court determines that a Corporation, Individual, Organization, or other entity, has deliberately, or unintentionally caused environmental harm, that violates laws, and regulations, of The Commonwealth of Massachusetts, damages may be awarded, and/or Specified Remedial Required Actions, may be ordered.

In the circumstances of individual harm, and/or community, or organizational impact (such as schools, or other locations), damages of at least $1000,

per infraction (such as, but not limited to, individual daily instances of, polluting water, air, soil, and/or other circumstances), may be ordered.

Specified Remedial Required Actions (SRRA) may be ordered, as needed, either by themselves, and/or distinct from specific award of negligent damages.