Mass. Gen. Laws » Part III Title I Chapter 214
Massachusetts General Laws

Mass. Gen. Laws ch. 214, § 7A (2026)

Damage to the environment; temporary restraining order as additional remedy; definitions; requisites; procedure

✓ current as of July 2026
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Section 7A. 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 of the commonwealth, whether caused by the defendant alone or by the defendant and others acting jointly or severally. Damage to the environment shall include, but not be limited to, air pollution, water pollution, improper sewage disposal, pesticide pollution, excessive noise, improper operation of dumping grounds, impairment and eutrophication of rivers, streams, flood plains, lakes, ponds or other water resources, destruction of seashores, dunes, 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.

As used in this section ''person'' shall mean any individual, association, partnership, corporation, company, business organization, trust, estate, the commonwealth or any political subdivision thereof, any administrative agency, public or quasi-public corporation or body, or any other legal entity or its legal representatives, agents or assigns.

The superior court for the county in which damage to the environment is occurring or is about to occur may, upon a civil action in which equitable or declaratory relief is sought in which not less than ten persons domiciled within the commonwealth are joined as plaintiffs, or upon such an action by any political subdivision of the commonwealth, determine whether such damage is occurring or is about to occur and may, before the final determination of the action, restrain the person causing or about to cause such damage; provided, however, that the damage caused or about to be caused by such person constitutes a violation of a statute, ordinance, by-law or regulation the major purpose of which is to prevent or minimize damage to the environment.

No such action shall be taken unless the plaintiffs at least twenty-one days prior to the commencement of such action direct a written notice of such violation or imminent violation by certified mail, to the agency responsible for enforcing said statute, ordinance, by-law or regulation, to the attorney general, and to the person violating or about to violate the same; provided, however, that if the plaintiffs can show that irreparable damage will result unless immediate action is taken the court may waive the foregoing requirement of notice and issue a temporary restraining order forthwith.

It shall be a defense to any action taken pursuant to this section that the defendant 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 complained of, unless the plaintiffs demonstrate that a danger to the public health and safety justifies the court in retaining jurisdiction.

Any action brought pursuant to the authorization contained in this section shall be advanced for speedy trial and shall not be compromised without prior approval of the court.

If there is a finding by the court in favor of the plaintiffs it may assess their costs, including reasonable fees of expert witnesses but not attorney's fees; provided, however, that no such finding shall include damages.

The court may require the plaintiffs to post a surety or cash bond in a sum of not less than five hundred nor more than five thousand dollars to secure the payment of any costs which may be assessed against the plaintiffs in the event that they do not prevail.

Nothing contained in this section shall be construed so as to impair, derogate or diminish any common law or statutory right or remedy which may be available to any person, but the cause of action herein authorized shall be in addition to any such right or remedy.

Notes of Decisions
Cited in 48 cases (3 in the last 5 years), 1976–2025 · leading case: Cummings v. Sec'y of Env't Affairs, 524 N.E.2d 836 (Mass. 1988).
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Cummings v. Sec'y of Env't Affairs, 524 N.E.2d 836 (Mass. 1988). · cites it 17× “Does the sixty day period for filing a notice of intention to commence suit (NOI) apply to challenges to the Secretary's determination that an EIR is not required?" Our questions invited the parties to discuss whether the Superior Court had jurisdiction either on the basis of…”
Town of Boxford v. Massachusetts High. Dep't, 940 N.E.2d 404 (Mass. 2010). · cites it 10× “With respect to those arguments, we conclude that the judge correctly denied the motion to dismiss the town’s claim under G. L. c. 214, § 7A, but erred in deciding to permit the town’s mandamus claim to continue.”
Town of Wellfleet v. Glaze, 525 N.E.2d 1298 (Mass. 1988). · cites it 16× “The town asserts that the Superior Court's authority to issue an injunction in this case is conferred by G.L.c. 214, § 7A (1986 ed.), which states in pertinent part: "The superior court for the county in *83 which damage to the environment is occurring or is about to occur may,…”
Town of Canton v. Comm'r of Massachusetts High. Dep't, 919 N.E.2d 1278 (Mass. 2010). · cites it 6× “Jurisdiction is conferred by G. L. c. 214, § 7A, third par., which states, in relevant part: “The superior court for the county in which damage to the environment is occurring or is about to occur may, upon a civil action in which equitable or declaratory relief is sought .”
Enos v. Sec'y of Env't Affairs, 432 Mass. 132 (Mass. 2000). · cites it 5× “Affairs, supra at 618, we held that neither G. L. c. 214, § 7A, nor G. L. c. 30, § 62H, confers subject matter jurisdiction for a suit challenging the Secretary’s discretionary decision not to require an EIR.”
Miramar Park Ass'n, Inc. v. Town of Dennis, 105 N.E.3d 241 (Mass. 2018). · cites it 7× “The plaintiffs, homeowners and a homeowners' association, commenced an action in the Superior Court, pursuant to G. L. c. 214, § 7A, against the town, seeking injunctive relief and a declaratory judgment on their claim that the town's actions violated a Department of…”
Ten Persons of the Commonwealth v. Fellsway Dev. LLC, 460 Mass. 366 (Mass. 2011). · cites it 9× “They commenced an action in the Superior Court pursuant to G. L. c. 214, § 7A, and G. L. c. 231A against Fellsway Development LLC (Fellsway); Langwood Commons LLC; the Secretary of the Executive Office of Energy and Environmental Affairs (Secretary); and the Commissioner…”
Villages Dev. Co. v. Sec'y of Exec. Off. of Env't Affairs, 571 N.E.2d 361 (Mass. 1991). · cites it 3× “Cummings involved a ten-citizen suit under G. L. c. 214, § 7A, challenging a determination by the Secretary that no EIR was necessary for a mixed use commercial development.”
Town of Warren v. Hazardous Waste Facility Site Saf. Council, 466 N.E.2d 102 (Mass. 1984). · cites it 4× “The interveners also sought a declaration as to the validity of the 1981 by-laws and they requested injunctive relief pursuant to G. L. c. 214, § 7A. General Laws c. 214, § 7A, authorizes the Superior Court in certain circumstances to restrain persons from unlawfully damaging…”
Nantucket Land Coun. v. Plan. Bd., Nantucket, 361 N.E.2d 937 (Mass. App. Ct. 1977). · cites it 3× “303, § 3; and (4) an action under G. L. c. 214, § 7A. The defendants moved to dismiss under Mass.”
Town of Walpole v. Sec'y of the Exec. Off. of Env't Affairs, 537 N.E.2d 1244 (Mass. 1989). · cites it 3× “Count 1 purports to challenge the secretary’s certification of the draft COI report under G.”
Boston Investments Ltd. v. Sec'y of Env't Affairs, 619 N.E.2d 991 (Mass. App. Ct. 1993). · cites it 8× “Count I alleges jurisdiction under G. L. c. 214, § 7A, inserted by St. 1973, c.”
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