Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1816 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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