Bill > SB438

This bill creates the West Virginia Intrastate Energy Use Act, which establishes state-level environmental regulatory authority over coal, oil, and natural gas resources extracted and used entirely within West Virginia. The legislation invokes the Ninth and Tenth Amendments to assert the state's sovereignty in regulating intrastate commercial activities, specifically arguing that the U.S. Environmental Protection Agency (EPA) lacks authority to deny operational permits for energy resources that do not enter interstate commerce. The bill defines key terms such as "coal mine," "oil well," and "gas well" as operations extracting these resources from West Virginia's subterranean areas, and mandates that such operations obtain operational permits from the West Virginia Department of Energy after demonstrating compliance with state and federal laws. Furthermore, the bill extends to power generation facilities using these resources when the energy is generated and consumed within the state, emphasizing that while the legislation asserts state regulatory primacy, it does not diminish the enforcement of existing environmental regulations. The underlying purpose is to clarify and strengthen West Virginia's constitutional rights to manage its natural resources and environmental regulatory processes.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=438&year=2025&sessiontype=RS&btype=bill