The proposed bill, known as the "Natural Resources Anti-Commandeering Act," aims to protect West Virginia state employees and political subdivisions from being compelled to enforce federal laws, regulations, or orders related to coal, oil, gas, timber, or other extractive resources that are not recognized under state law. The bill establishes a framework that prohibits state agencies and employees from knowingly participating in such enforcement and restricts the use of state assets or funds for activities that assist in enforcing these federal mandates. It also outlines the Attorney General's responsibilities to challenge any federal actions deemed unconstitutional regarding natural resource commandeering and to publish model policies for state agencies to resist such federal overreach.
Additionally, the bill provides immunity for state agents and officers who refuse to enforce federal statutes or regulations that infringe upon rights granted by the Tenth Amendment, ensuring they cannot be held liable or face employment repercussions while legal challenges are underway. The provisions of the bill are declared to be severable, meaning that if any part of the act is found invalid, the remaining sections will still stand. Overall, the legislation seeks to reinforce state sovereignty and protect the rights of West Virginia's employees against federal encroachment in the management of natural resources.
Statutes affected:
Introduced Version: 22-35-1, 22-35-2, 22-35-3, 22-35-4, 22-35-5
Committee Substitute: 22-35-1, 22-35-2, 22-35-3, 22-35-4, 22-35-5