The proposed bill, known as the "Natural Resources Anti-Commandeering Act," aims to amend the Code of West Virginia by establishing protections for state employees and political subdivisions against federal overreach in the enforcement of regulations related to coal, oil, gas, timber, and other extractive resources that are not recognized under state law. The bill includes provisions that prohibit state agencies and employees from knowingly participating in the enforcement of such federal acts and from using state assets or funds to assist in these efforts. It also outlines penalties for violations and emphasizes the importance of state sovereignty as recognized by the U.S. Supreme Court.

Additionally, the bill empowers the West Virginia Attorney General to challenge any federal actions deemed unconstitutional regarding the commandeering of natural resources. The Attorney General is tasked with publishing model policies to guide state agencies in resisting federal overreach and ensuring that state employees are not held liable for refusing to enforce federal regulations that infringe upon their rights under the Tenth Amendment. The bill includes a severability clause, ensuring that if any part of the legislation is found invalid, the remaining provisions will still stand.

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