Massachusetts General Laws
Chapter 12 - Department of the Attorney General, and the District Attorneys
Section 11d - Division of Environmental Protection

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

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 1 - Attorney General; Supervision of Department; Salary; Qualifications; Other Sources of Income

Section 2 - Assistants and Employees; Appointment; Duties; Compensation; Tenure; Vacancies

Section 2a - Attorney General; Disability; Filling Vacancies

Section 2b - Annual Personnel Report

Section 3 - Appearances for Commonwealth, Prosecution or Defense; Rendering of Legal Services; Payment of Expenses for Representation of Department of Transportation

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 5c - Violations Under Secs. 5b to 5o; Investigation by Attorney General; Relators; Civil Actions

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 5g - Actions Brought Against Governor, Lieutenant Governor, Attorney General, Treasurer, Secretary of State, etc.; Jurisdiction

Section 5h - Money Recovered by Commonwealth; False Claims Prosecution Fund

Section 5i - Awards of Attorney General Fees and Expenses; Awards of Costs and Attorney Fees Against Relators; Liability

Section 5j - Employers Preventing Employees From Acting to Further False Claim Actions; Liability

Section 5k - Limitation of Actions; Intervention by Attorney General; Final Judgments in Criminal Proceedings

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 8e - Charitable Corporations; Registration by Filing of Information; Exceptions; Penalties; Enforcement

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 8l - Fiscal Records

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 10 - Violations of Court Orders; Restraint of Trade; Institution of Investigations and Appropriate Actions

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 11e - Public Utilities; Office of Ratepayer Advocacy; Intervention in Legal Proceedings on Behalf of Consumers; Expenditure of Funds; Expert or Consultant; Information Requests

Section 11f - Insurance Companies; Intervention in Legal Proceedings on Behalf of Consumers; Expenditure of Funds

Section 11g - Local Consumer Aid Fund; Eligibility for Assistance

Section 11h - Violations of Constitutional Rights; Civil Actions by Attorney General; Venue; Compensatory Damages; Fees and Costs; Civil Penalties

Section 11i - Violations of Constitutional Rights; Civil Actions by Aggrieved Persons; Costs and Fees

Section 11j - Violations of Constitutional Rights; Temporary Restraining Orders and Injunctions; Violations; Punishment; Vacation of Order

Section 11k - Division of Victim Compensation and Assistance

Section 11l - Unlicensed Mental Health and Unlicensed Health Professionals; Sexual Contact With Patients or Clients; Temporary Restraining Order, Injunction; Violation; Penalty

Section 11m - Division of Gaming Enforcement

Section 11n - Monitoring Health Care Market Trends; Investigation of Unfair Methods of Competition or Anti-Competitive Behavior; Exemption or Waiver From Federal Law

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 20a - Suffolk and Northern Districts; Special Assistant District Attorney, Appointment and Removal; Duties; Power; Salary

Section 20c - Special Assistant District Attorneys; Appointment, Removal and Salary; Participation in Federal Demonstration Programs

Section 20d - District Attorneys Association; Executive Director; Report on Criminally Prosecuted Child Abuse and Neglect Cases

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 25a - Advance of Expenses Necessary in Performance of Duties; Limitation; Accounting; Unexpended Balance

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

Section 33 - Domestic Violence and Sexual Violence Training Program for District Attorneys and Assistant District Attorneys

Section 34 - Pre-Arraignment Diversion Program

Section 35 - Student Loan Ombudsman