The proposed bill, known as the "Natural Resources Anti-Commandeering Act," aims to protect West Virginia's state agencies and employees from being compelled to enforce federal laws and regulations related to extractive resources such as coal, oil, gas, and timber that do not exist under state law. It prohibits state agencies and their employees from knowingly participating in the enforcement of such federal mandates and restricts the use of state assets or funds for this purpose. The bill also mandates that the West Virginia Attorney General challenge any federal actions that infringe upon the state's rights regarding natural resources and provides for the publication of guidance policies to assist state agencies in resisting federal commandeering.

Additionally, the bill establishes legal protections for state agents and officers who refuse to enforce federal laws deemed unconstitutional by the Attorney General, ensuring they cannot be held liable or face employment repercussions for their actions during the legal challenge. It also allows for reimbursement of legal fees for those who face civil or criminal charges or employment termination as a result of their refusal to enforce such federal mandates. Overall, the bill emphasizes the state's autonomy in managing its natural resources and reinforces the principles of federalism as recognized by the U.S. Supreme Court.

Statutes affected:
Introduced Version: 22-35-1, 22-35-2, 22-35-3, 22-35-4, 22-35-5, 22-35-6
Committee Substitute: 22-35-1, 22-35-2, 22-35-3, 22-35-4, 22-35-5, 22-35-6