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Bill H.1647
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.
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