Massachusetts Environmental Policy Act

Massachusetts Environmental Policy Act
Short title	Massachusetts Environmental Policy Act
Legislature	Massachusetts General Court
Long title	An Act Providing for the Protection of the Environment of the Commonwealth
Enacted by	House and Senate
Signed by	Governor Francis W. Sargent
Date signed	1972
Related legislation	National Environmental Policy Act

Massachusetts Environmental Policy Act. Enacted in 1972, this landmark state statute mandates a comprehensive review of the potential environmental impacts of major projects requiring state action. Often called the "little NEPA" of Massachusetts, it requires state agencies to evaluate alternatives and mitigate damage to resources like wetlands, coastlines, and air quality. The law empowers the Massachusetts Executive Office of Energy and Environmental Affairs to oversee a process ensuring sustainable development and public participation.

Overview and purpose

The primary purpose is to ensure that agencies of the Commonwealth of Massachusetts systematically assess the environmental consequences of their decisions, including permitting and funding. It was championed by Governor Francis W. Sargent amid a growing national environmental movement, following the model of the federal National Environmental Policy Act. The act aims to prevent avoidable damage to the state's natural resources, such as those in the Berkshires or along Cape Cod, and to promote transparency by requiring detailed public documentation. Its goals align with other state protections like the Massachusetts Wetlands Protection Act and the Massachusetts Endangered Species Act.

Regulatory process and requirements

The process is triggered when a proposed project exceeds specific regulatory thresholds related to size, cost, or land disturbance and requires a permit, loan, or other approval from a state agency. The proponent must submit an Environmental Impact Report to the Massachusetts Executive Office of Energy and Environmental Affairs, which is led by the Secretary. This report must rigorously analyze impacts on areas including water supply, traffic, noise pollution, and historic preservation. The reviewing agency, which could be the Massachusetts Department of Transportation or the Massachusetts Department of Environmental Protection, then issues a certificate stating whether the report adequately addresses all concerns.

Types of environmental review

The act establishes a tiered review system beginning with an Environmental Notification Form for most large projects, which may lead to a requirement for a full Environmental Impact Report. For projects with minimal anticipated impact, a proponent may file a more limited Environmental Assessment. The Massachusetts Executive Office of Energy and Environmental Affairs can also mandate a "Supplemental Environmental Impact Report" if project plans change substantially after initial approval. Special review procedures exist for projects affecting particularly sensitive areas, such as those near Boston Harbor or within the Quabbin Reservoir watershed.

Implementation and agencies

The Massachusetts Executive Office of Energy and Environmental Affairs is the primary implementing authority, with the Secretary having final authority over the scope and adequacy of environmental reviews. Key permitting agencies involved include the Massachusetts Department of Environmental Protection, the Massachusetts Department of Conservation and Recreation, and the Massachusetts Department of Public Utilities. The Massachusetts Attorney General, notably during the tenure of Scott Harshbarger, has played a role in enforcing the act's provisions. Coordination often occurs with federal agencies like the United States Environmental Protection Agency and the United States Army Corps of Engineers for projects requiring both state and federal approval.

Notable projects and case studies

The act's review process has been pivotal in shaping major infrastructure and development projects across Massachusetts. It was central to the environmental planning for the Big Dig, the massive Central Artery/Tunnel Project in Boston. Reviews have also significantly altered proposals for large-scale developments in South Boston and around Harvard University's expansion in Allston. The proposed Cape Wind project in Nantucket Sound underwent extensive review under the act, as did the Springfield Union Station redevelopment. These cases often involve complex negotiations with municipalities like the City of Cambridge and advocacy groups such as the Conservation Law Foundation.

Amendments and legal history

The act has been amended several times since its 1972 passage to refine its procedures and expand its scope. Significant amendments were made in the 1970s and again in 1987, following key rulings by the Massachusetts Supreme Judicial Court in cases like *Secretary of Environmental Affairs v. Massachusetts Port Authority*. These legal challenges have clarified the extent of agency obligations and the rights of non-governmental organizations to participate. The regulatory framework, found in the Code of Massachusetts Regulations at 301 CMR 11.00, is periodically updated by the Massachusetts Executive Office of Energy and Environmental Affairs. The act's influence is seen in subsequent state laws like the Massachusetts Global Warming Solutions Act.

Category:Massachusetts law Category:Environmental law in the United States Category:1972 in Massachusetts