Mass. Gen. Laws » Part I Title III Chapter 30
Massachusetts General Laws

Mass. Gen. Laws ch. 30, § 62H (2026)

Action or proceeding alleging improper determination of need for environmental impact report or noncompliance with law; notice; commencement; matters raised

✓ current as of July 2026
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Section 62H. An agency or person intending to commence an action or proceeding alleging an improper determination of whether a project requires the preparation of an environmental impact report under section sixty-two A, shall first provide notice of intention to commence such action or proceeding within sixty days of issuance of notice of such determination. An agency or person intending to commence an action or proceeding alleging that a final environmental impact report fails to comply with the requirements of sections sixty-two to sixty-two G, inclusive, shall first provide notice of intention to commence such action or proceeding within sixty days of issuance of notice of availability of said final environmental impact report pursuant to section sixty-two C. Said notices of intention shall be in such form as the secretary of environmental affairs shall prescribe, shall identify with particularity the issues to be considered in any such action or proceeding, shall be in lieu of the notice and waiting period required by section seven A of chapter two hundred and fourteen, and shall be provided to the attorney general, the agency or person proposing the project and the secretary of environmental affairs.

Any action or proceeding alleging an improper determination that a project requires the preparation of an environmental impact report under section sixty-two A shall commence no later than thirty days following the first issuance of a permit or grant of financial assistance by an agency or no later than sixty days after issuance of notice of such determination, whichever occurs later, for a private project, or no later than one hundred and twenty days after issuance of notice of such determination for a public project. Any action or proceeding alleging that a final environmental impact report fails to comply with the provisions of sections sixty-two to sixty-two G, inclusive, shall commence no later than thirty days following the first issuance of a permit or grant of financial assistance by an agency for a private project or no later than one hundred and twenty days after issuance of notice of availability of said final environmental impact report under section sixty-two C, for a public project.

No allegation shall be made in any action or proceeding under this section unless the matter complained of was raised at the appropriate point in the administrative review procedures; provided that a matter may be raised upon a showing that it is material and that it was not reasonably possible with due diligence to have raised it during such procedures or that the matter sought to be raised is of critical importance to the environmental impact of the project.

If a court determines that an agency or person proposing a project has knowingly concealed a material fact or knowingly submitted false information in any form or report required under sections sixty-two to sixty-two H, inclusive, limits on the manner and time in which actions or proceedings may be commenced shall not apply and the secretary of environmental affairs may require the preparation and review of such forms or reports as may be necessary to correct any deficient form or report.

The secretary of environmental affairs shall, after consultation with other secretaries of executive offices and with agencies not within executive offices, promulgate reasonable rules and regulations to carry out the purposes of sections sixty-two to sixty-two H, inclusive.

Notes of Decisions
Cited in 16 cases, 1979–2010 · 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 14× “Of course, in the absence of such jurisdiction, further inquiry in this case with respect to the notice provisions of G.L.c. 30, § 62H, would be inappropriate.”
Town of Canton v. Comm'r of Massachusetts High. Dep't, 919 N.E.2d 1278 (Mass. 2010). · cites it 9× “We granted two applications for direct appellate review in this case to interpret the provision set forth in G. L. c. 30, § 62H, second par., requiring that an action challenging the certification of an environmental impact report (EIR) for a “private” development project “shall…”
Town of Hull v. Massachusetts Port Auth., 806 N.E.2d 901 (Mass. 2004). · cites it 5× “This case requires us to interpret, for the first time, the provision set forth in G. L. c. 30, § 62H, fourth par., that creates an exception to the time limit for challenges to environmental impact reports if the project proponent has “knowingly concealed a material fact or…”
Boston Pres. All., Inc. v. Sec'y of Env't Affairs, 396 Mass. 489 (Mass. 1986). · cites it 2× “Moreover, the regulations promulgated by the Secretary pursuant to G. L. c. 30, § 62H, reinforce the statute and provide that, for projects such as International Place, where no public financial assistance is being sought, “the scope of the EIR shall be limited to no more than…”
Enos v. Sec'y of Env't Affairs, 432 Mass. 132 (Mass. 2000). “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.”
Benevolent & Prot. Order of Elks, Lodge No. 65 v. Plan. Bd., 531 N.E.2d 1233 (Mass. 1988). “214, § 7A, and G. L. c. 30, § 62H (1986 ed.). Cummings, supra at 613, 618 .”
Town of Walpole v. Sec'y of the Exec. Off. of Env't Affairs, 537 N.E.2d 1244 (Mass. 1989). “The town also sought preliminary and permanent injunctions preventing the authority and the secretary from proceeding with the project until they publish reports complying with MEPA, the regulations implementing MEPA, and the special procedures, and preventing the further…”
Am. Hoechest Corp. v. DEPT. OF PUB. Utils., 399 N.E.2d 1 (Mass. 1980). “30, § 61, required the department to make a “finding describing the environmental impact, if any,” of the reduced rate and that the department’s order as it relates to the reduced rate must be overruled for failure to make such a finding. Such contentions should have been…”
Baker v. Coxe, 940 F. Supp. 409 (D. Mass. 1996). “However, the Bakers are not barred from bringing this claim by virtue of their having previously appealed an adverse administrative determination pursuant to M.G.L. c. 30, § 62H. See Custodio, 964 F.”
Roxse Homes, Inc. v. Adams, 83 F.R.D. 398 (D. Mass. 1979). · cites it 2× “For example, one of the potentially applicable statutes, Mass.Gen.Laws c. 30, § 62H, provides in part: If a court determines that an agency or person proposing a project has knowingly concealed a material fact or knowingly submitted false information in any form or report…”
Enos v. Sec'y of Env't Affairs, 719 N.E.2d 874 (Mass. App. Ct. 1999). “The Secretary makes no argument that the plaintiffs have not complied *242 with G. L. c. 30, § 62H, requiring prior notice to the Secretary of any intention to commence an action alleging failure to comply with MEPA.”
Town of Canton v. Paiewonsky, 25 Mass. L. Rptr. 378 (Mass. Super. Ct. 2008). · cites it 2× “On November 21, 2007, Canton filed written notice of its intent to commence an action for judicial review of the Secretary’s certification of the FEIR, pursuant to G.L.c. 30, §62H. On January 24, 2008, the Department of Environmental Protection issued a Sewer Connection Permit,…”
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