SB 271 West Virginia Senate · 2025 Regular Session

Natural Resources Anti-Commandeering Act

This bill prohibits West Virginia state agencies, local governments, and their employees from enforcing or assisting in the enforcement of any federal law, rule, or regulation related to coal, oil, gas, timber, or other extractive resources - unless that same federal requirement already exists under West Virginia law. It also bans the use of state funds or assets to support such federal enforcement efforts. The Attorney General must challenge federal actions deemed to violate state rights under the Tenth Amendment and publish guidance for state agencies on resisting federal mandates. The law directly affects state law enforcement, natural resource agencies, and local governments by restricting their ability to cooperate with federal environmental or resource regulations not mirrored in state law.

Issues: ✗ Energy ✗ Environment

Bill status in committee 1 of 4 stages cleared

Introduction

Feb 2025

Committee Review

Floor Vote

Governor

Introduced Feb 12, 2025 Last action Mar 11, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Committee Substitute · 5 edits

MODERATE

The bill was revised from an introduced version to a committee substitute version, adding new provisions that authorize the Attorney General to challenge unconstitutional federal actions related to natural resources and requiring the Attorney General to publish model policies for state and local agencies. The committee version also added immunity protections for state and local employees who refuse to enforce federal commandeering orders, while removing a specific penalty provision for political subdivisions that violated the act.

Scope change

The bill's scope expanded to include new enforcement mechanisms and protections for state employees, while the penalty structure for political subdivisions was removed entirely.

ENFORCEMENT

New section authorizes the Attorney General to initiate and prosecute legal challenges against federal actions that infringe on state rights regarding natural resources.

New immunity section protects state and local employees from civil, criminal, or employment consequences when refusing to enforce federal orders deemed unconstitutional by the Attorney General.

Removed provisions that would deny state grant funds to political subdivisions that adopted rules violating the act and removed specific penalty amounts for individual violations.

REQUIREMENT

New section requires the Attorney General to publish model policies by January 1, 2026, providing guidance to state and local agencies on resisting federal commandeering.

TECHNICAL

Added new section number (§22-35-6) for immunity provisions and renumbered the severability clause to §22-35-7.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 11, 2025

Committee

To Judiciary

upper

Mar 11, 2025

Upper · Passed

Committee substitute reported, but first to Judiciary

upper

Feb 12, 2025

Introduced

Introduced in Senate

upper

0 primary · 3 co-sponsors