summary
Introduced
01/30/2026
01/30/2026
In Committee
02/03/2026
02/03/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §22-35-1, §22-35-2, §22-35-3, §22-35-4, §22-35-5, and §22-35-6, relating generally to creating the Natural Resources Anti-Commandeering Act; stating legislative findings and intent; prohibiting agencies of this state and political subdivisions or officers or employees thereof from knowingly and willingly participating in the enforcement of any federal act, law, order, rule, or regulation relating to coal, oil, gas, timber, or other extractive resources which do not exist under the laws of this state and prohibiting said agencies, subdivisions, and officers or employees from being compelled to participate in such enforcement; prohibiting assets or funds of the state from being used in activity assisting enforcement of any federal act, law, order, rule, or regulation relating to coal, oil, gas, timber, or other extractive resources which do not exist under the laws of this state; requiring and authorizing the West Virginia Attorney General to engage in certain legal challenges to any presidential executive order or a federal statute, agency order, law, rule, or regulation that he or she determines infringes upon the right to be free from the federal commandeering of natural resources and authorizing expenditure of funds therefor; requiring the Attorney General to publish certain guidance policies regarding resistance to federal commandeering and lawful measures for protecting state citizens from the consequences of federal commandeering; providing certain immunity; and authorizing reimbursement of certain attorney’s fees.
AI Summary
This bill, known as the "Natural Resources Anti-Commandeering Act," aims to prevent state and local officials in West Virginia from being forced to enforce federal laws or regulations concerning natural resources like coal, oil, gas, and timber, especially when those federal rules don't align with West Virginia's own laws. It establishes that the federal government cannot compel state employees to enforce federal programs, citing Supreme Court cases that support this principle of "anti-commandeering." The bill prohibits state agencies and political subdivisions from using state funds or assets to help enforce such federal regulations and requires the West Virginia Attorney General to legally challenge any federal actions that infringe on this right to be free from federal overreach in natural resource matters, with authorization to spend necessary funds and seek assistance from other states. Furthermore, the Attorney General will publish guidance for state and local officials on how to resist federal commandeering and protect citizens from its consequences, and state or local officers will be immune from liability, including job termination or loss of certification, for refusing to enforce federal regulations deemed unconstitutional by the Attorney General, with provisions for reimbursement of attorney's fees if they face legal action for such refusal.
Committee Categories
Agriculture and Natural Resources, Justice
Sponsors (1)
Last Action
To Judiciary (on 02/03/2026)
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