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| 2 | 2 | | HOUSE DOCKET, NO. 3664 FILED ON: 1/20/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1816 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Susannah M. Whipps |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to establish individual standing. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Susannah M. Whipps2nd Franklin1/17/2023 1 of 1 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3664 FILED ON: 1/20/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1816 |
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| 18 | 18 | | By Representative Whipps of Athol, a petition (accompanied by bill, House, No. 1816) of |
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| 19 | 19 | | Susannah M. Whipps relative to the right to maintain actions in the Superior Court. The |
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| 20 | 20 | | Judiciary. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act to establish individual standing. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 Chapter 30 of the General Laws is hereby amended by inserting after section 60 the |
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| 30 | 30 | | 2following section:- |
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| 31 | 31 | | 3 Section 60A:- The attorney general or any person may maintain an action in the |
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| 32 | 32 | | 4superior court having jurisdiction where the alleged violation occurred or is likely to occur for |
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| 33 | 33 | | 5declaratory and equitable relief against any person for the protection of the air, water, and other |
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| 34 | 34 | | 6natural resources from pollution, impairment, degradation or destruction and to ensure that the |
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| 35 | 35 | | 7responsibilities of the public trust in these resources are carried out in light of current |
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| 36 | 36 | | 8environmental conditions and threats. Persons domiciled in the Commonwealth shall have |
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| 37 | 37 | | 9standing to sue on behalf of the public regardless of whether the plaintiffs suffer substantial |
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| 38 | 38 | | 10damage not common to others similarly situated. Plaintiffs who did not show that they used, had |
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| 39 | 39 | | 11access to, or enjoyed a recreational, aesthetic, cultural, spiritual or economic interest in the |
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| 40 | 40 | | 12subject environment lack standing to assert a MEPA claim concerning those areas. |
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