Massachusetts General Laws

Mass. Gen. Laws ch. 21, § 46A (2026)

Judicial review; jurisdiction

✓ current as of July 2026
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Section 46A. Any person aggrieved by an order, permit determination or other action of the director, other than an order consented to, may obtain judicial review by filing an application for review in the superior court within thirty days after receipt of notice of the final decision of the director. The superior court shall have jurisdiction in equity to enforce any order, decision or determination of the director, and any provision of sections twenty-six to fifty-three, inclusive, or regulation issued thereunder.

Notes of Decisions
Cited in 6 cases, 1978–2008 · leading case: Town of Holden v. Div. of Water Pollution Control, 376 N.E.2d 1259 (Mass. App. Ct. 1978).
Town of Holden v. Div. of Water Pollution Control, 376 N.E.2d 1259 (Mass. App. Ct. 1978). · cites it 6× “The town of Holden (Holden) brought this action under G. L. c. 21, § 46A, c. 30A and c. 231A against the Division of Water Pollution Control (division), the town of Rutland (Rutland), the Metropolitan District Commission (MDC), C.”
Spence v. Boston Edison Co., 459 N.E.2d 80 (Mass. 1983). “423, 426 (1978), the court said that in order “[t]o determine whether a party is a ‘person aggrieved’ within the meaning of a statute [G. L. c. 21, § 46A], it is necessary to look at the purpose of the statute.”
Belanger v. Commonwealth, 673 N.E.2d 56 (Mass. App. Ct. 1996). · cites it 6× “He ruled that the claim was barred by the plaintiffs’ failure to comply with a thirty-day time limit imposed by G. L. c. 21, § 46A, a provision of the Massachusetts Clean Waters Act that affords a procedure for contesting the denial of a water quality certification or a…”
Enos v. Sec'y of Env't Affairs, 432 Mass. 132 (Mass. 2000). “Pursuant to G. L. c. 21, § 46A, “[a]ny person aggrieved” by a permit granted under the Act may appeal the department’s decision to grant the permit.”
Gallo v. Div. of Water Pollution Control, 372 N.E.2d 1258 (Mass. 1978). “If they applied and the director denied the applications, the plaintiffs would have a right of review under G. L. c. 21, § 46A, inserted by St. 1973, c.”
Town of Canton v. Paiewonsky, 25 Mass. L. Rptr. 378 (Mass. Super. Ct. 2008). “The Court cited G.L.c. 21, §46A, which authorizes an action for judicial review of the issuance of a permit under that Act.”
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