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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:
NAME:DISTRICT/ADDRESS :DATE ADDED:Vincent L. Dixon60 Lake St. Unit N, Winchester
Massachusetts 01890
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HOUSE DOCKET, NO. 4029 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1448
By Representative Day of Stoneham (by request), a petition (accompanied by bill, House, No.
1448) of Vincent L. Dixon relative to the enforcement of laws and legal regulations related to
public health, environmental pollution, and environmental justice. The Judiciary.
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:
1 SECTION I. – The Massachusetts General Laws are hereby amended by inserting the
2following new chapter:
3 Citizen Environmental Negligence – Right of Action Act
4 PURPOSE – Public Policy requires various avenues of enforcement, that provide
5enforcement of laws, and legal regulations, including those that relate to Public Health,
6Environmental Pollution, and Environmental Justice.
7 SECTION II. – Any individual, community, or local organization, negatively damaged,
8by Specific Environmental Pollution (SEP), may bring a Civil Action, in a District Court of The
9Commonwealth of Massachusetts; without respect to the amount of controversy, citizenship of
10the parties, or possibility of other regulatory and/or administrative remedy; seeking redress, by
11order, compensation, and/or other appropriate legal action. 2 of 3
12 Such Specific Environmental Pollution (SEP), which may be either evidently deliberate;
13and/or apparently unintentional, but causing negligent harm, can be addressed, in court actions;
14and those persons, communities, and organizations having suffered negative damage, may
15receive appropriate compensation, and/or remedial actions.
16 SECTION III-A. – A Right Of Action (ROA) brought by such party, or parties, with
17sufficient standing, based on actual, or sufficient evidence of harm, shall be entitled to an
18attorney, appointed by a District Court; and such court, may appoint appropriate legal counsel,
19and authorize initiation of legal action.
20 SECTION III-B. – Definition of Forms of Action – Actions Brought Under This Statute
21 Such actions, may be specified, as individual Rights Of Action (ROA); Community
22Rights Of Action (CRA); and/or Class Actions.
23 SECTION IV – Definition of Damages, And/Or Remedial Requirements
24 If a Court determines that a Corporation, Individual, Organization, or other entity, has
25deliberately, or unintentionally caused environmental harm, that violates laws, and regulations,
26of The Commonwealth of Massachusetts, damages may be awarded, and/or Specified Remedial
27Required Actions, may be ordered.
28 In the circumstances of individual harm, and/or community, or organizational impact
29(such as schools, or other locations), damages of at least $1000,
30 per infraction (such as, but not limited to, individual daily instances of, polluting water,
31air, soil, and/or other circumstances), may be ordered. 3 of 3
32 Specified Remedial Required Actions (SRRA) may be ordered, as needed, either by
33themselves, and/or distinct from specific award of negligent damages.