SB 685
Creating Natural Resources Anti-Commandeering Act
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill, the Natural Resources Anti-Commandeering Act, aims to protect West Virginia employees and state resources from being compelled to enforce federal regulations related to coal, oil, gas, timber, and other extractive resources if those regulations aren’t authorized under West Virginia law. It prohibits the state and its subdivisions from using funds or assets to assist in the enforcement of such federal actions and establishes a process for the Attorney General to challenge unconstitutional federal actions. The bill also provides immunity to state employees who refuse to enforce unconstitutional federal regulations.
Key provisions
- Prohibits state agencies and employees from participating in the enforcement of federal regulations on coal, oil, gas, timber, or related resources if those regulations don't exist under West Virginia law.
- Prevents the state from using its assets or funds to aid federal enforcement of such regulations.
- Grants the West Virginia Attorney General the authority to challenge unconstitutional federal actions related to natural resource commandeering.
- Provides immunity to state employees who refuse to enforce unconstitutional federal regulations.
- Establishes a process for reimbursement of attorney’s fees for employees who face legal action for refusing to enforce unconstitutional federal regulations.
- Requires the Attorney General to publish model policies to guide state agencies and law enforcement on resisting federal commandeering.
- States legislative findings regarding federalism and the right to be free from federal commandeering.
- Defines ‘natural resources anti-commandeering act’.
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yours