Section 11D. There shall be in the department of the attorney general a division of environmental protection. The attorney general shall designate an assistant attorney general as director of said division. Said director may appoint and remove, subject to the approval of the attorney general, such expert, clerical or other assistants as the work of the division may require.
The attorney general shall have the authority to prevent or remedy damage to the environment caused by any person, body corporate or politic or any agency, department, board, commission, division or authority of the commonwealth or any political subdivision thereof at the request of an appropriate agency or on his own initiative, by commencing or intervening in a proceeding before an appropriate agency, department, board, commission, division or authority, whether state or federal, and before any political subdivision of the commonwealth, or by commencing or intervening in any suit or action, civil or criminal, to enforce any statute, ordinance, by-law or regulation or to secure any common law right or remedy including, but not limited to, the abatement of public nuisances, provided, however, it shall be a defense to any action taken pursuant to this section that any such person is subject to, and in compliance in good faith with, a judicially enforceable administrative pollution abatement schedule or implementation plan the purpose of which is alleviation of damage to the environment.
Each agency, board, commission, division and authority of the commonwealth shall give written notice to the attorney general of all adjudicatory proceedings or public hearings in which damage to the environment is or may be at issue; provided, however, that failure to give such notice shall not invalidate such proceeding or public hearing.
As used in this section, ''damage to the environment'' shall mean any destruction, damage or impairment, actual or probable, to any of the natural resources in the commonwealth and shall include, but shall not be limited to, air pollution, water pollution, improper sewage disposal, pesticide pollution, excessive noise, improper operation of dumping grounds, or the impairment or eutrophication of rivers, streams, flood plains, lakes, ponds or other surface or subsurface water resources, destruction of seashores, dunes, marine resources, underwater archaeological resources, wetlands, open spaces, natural areas, parks or historic districts or sites. Damage to the environment shall not include any insignificant destruction, damage or impairment to such natural resources.
The attorney general shall receive and maintain appropriate records of complaints from interested persons relating to damage to the environment, and upon the receipt thereof shall refer the same to an appropriate agency or subdivision of the commonwealth for such further corrective action as may be necessary to prevent or remedy damage to the environment.
The attorney general may investigate the administration of environmental statutes, ordinances or regulations by an agency, department, board, commission, division or authority of the commonwealth or of any political subdivision thereof and may make such recommendations as are appropriate to the governor and to the general court.
Nothing in this section shall be interpreted to derogate from any existing common law or statutory right or remedy against damage to the environment.
In any action at law or suit in equity brought by the attorney general in any court of the commonwealth involving alleged damage to the environment, whether or not a temporary restraining order or preliminary injunction is sought or granted, after a representation by the attorney general by affidavit that delay in the trial on the merits would prevent the attainment of a full and complete remedy to the alleged damage to the environment, the court, upon finding that the facts alleged in said affidavit are true, shall place said action or suit on the advanced section of the trial list in said court with such order of priority over other cases on said advanced section as the court shall deem appropriate.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 12 - Department of the Attorney General, and the District Attorneys
Section 2 - Assistants and Employees; Appointment; Duties; Compensation; Tenure; Vacancies
Section 2a - Attorney General; Disability; Filling Vacancies
Section 2b - Annual Personnel Report
Section 3e - Defense of Actions Against Officers or Employees
Section 4 - Claims of Commonwealth; Enforcement
Section 4a - Acceptance of Gifts or Grants of Money or Property
Section 5 - Civil Actions to Recover Money for Commonwealth
Section 5a - False Claims; Definitions Applicable to Secs. 5a to 5o
Section 5b - False Claims; Liability
Section 5d - Prosecution by Attorney General; Relator's Right to Continue as Party to Action
Section 5e - Alternate Remedies Available to Determine Civil Penalty
Section 5f - Payments to Relators; Limitations
Section 5h - Money Recovered by Commonwealth; False Claims Prosecution Fund
Section 5j - Employers Preventing Employees From Acting to Further False Claim Actions; Liability
Section 5l - Preponderance of the Evidence Standard
Section 5m - Rules, Regulations or Guidelines; Attorney General
Section 5n - Civil Investigative Demands; Attorney General
Section 5o - Agency Reporting Requirements
Section 6 - Consultation With and Giving of Advice and Assistance to District Attorneys
Section 6a - Conferences of District Attorneys and Other Officials; Notification as to New Laws
Section 7 - Persons Intruding on Land, Property or Rights of Commonwealth; Prosecution
Section 8 - Due Application of Charity Funds Enforced
Section 8a - Definitions Applicable to Secs. 8a to 8m
Section 8b - Division of Public Charities; Duties
Section 8c - Director of Public Charities; Designation
Section 8d - Employees; Appointment and Removal
Section 8f - Annual Reports of Public Charities; Financial Statements; Fees; Penalties; Enforcement
Section 8g - Attorney General as a Party; Service
Section 8h - Investigations by Attorney General
Section 8i - Compliance With Investigations; Enforcement; Penalties
Section 8j - Rules and Regulations
Section 8k - Gift for Public Charitable Purpose; Presumed Intention
Section 8m - Public Records; Inspection
Section 8n - Fees, Costs, Penalties and Other Monies; General Fund
Section 9 - Advice and Aid to General Court and Committees
Section 11 - Annual Report of Cases Handled
Section 11a - Division of Civil Rights and Liberties
Section 11b - Board of Commissioners on Uniform State Laws; Obscene Literature Commission
Section 11c - Narcotic and Harmful Drugs; Training Program for Law Enforcement Officers
Section 11d - Division of Environmental Protection
Section 11g - Local Consumer Aid Fund; Eligibility for Assistance
Section 11k - Division of Victim Compensation and Assistance
Section 11m - Division of Gaming Enforcement
Section 12 - District Attorneys; Qualifications; Election; Term; Appearances
Section 13 - Districts for Administration of Criminal Law or Defense of Civil Actions
Section 15 - Practice of Law Prohibited; Salary
Section 16 - Salaries of Assistant District Attorneys
Section 18 - Appointment of an Assistant to District Attorney; Compensation
Section 19 - Suffolk District; Appointment of Messengers and Other Employees
Section 20 - Additional Legal Assistants; Tenure; Compensation; Powers
Section 21 - Suffolk District; Police and Detective Service
Section 22 - Clerical and Stenographic Workers
Section 23 - Payment for Traveling Expenses; Exceptions
Section 24 - Expenses Payable by Commonwealth
Section 25 - Advanced Expenses; Conditions; Vouchers
Section 26 - Court Appointment of Substitute in Absence of Attorney General and District Attorney
Section 27 - District Attorneys; Duties; Control of Attorney General
Section 28 - Suits on Recognizances; Discontinuance
Section 29 - Accounting for Fees, Bills of Costs and Money Received
Section 30 - Fees for Services in Performance of Duty; Appearance in Civil Action
Section 32 - Community Based Juvenile Justice Programs; District Attorneys