West Virginia 2024 Regular Session

West Virginia Senate Bill SB358

Introduced
1/12/24  

Caption

Natural Resources Anti-Commandeering Act

Impact

If SB358 is enacted, it will redefine the relationship between state and federal governments regarding natural resource management. This legislation would prevent state resources from being used to facilitate the enforcement of federal regulations that West Virginia does not adopt or recognize. Moreover, penalties for state employees engaging in such actions could include civil penalties and even misdemeanor charges, which could offer a significant deterrent against compliance with federal directives in these sectors.

Summary

Senate Bill 358, known as the Natural Resources Anti-Commandeering Act, aims to assert West Virginia's state rights by prohibiting its agencies and employees from participating in the enforcement of federal regulations that pertain to coal, oil, gas, timber, and other extractive resources which are not recognized by state law. By enacting this bill, West Virginia lawmakers seek to ensure that federal authorities cannot compel state officials to comply with federal directives in these areas, thereby reinforcing the principles of federalism and state sovereignty.

Sentiment

The sentiment surrounding SB358 ranges widely, with supporters advocating for greater state autonomy and criticizing federal overreach, while opponents are concerned it may lead to conflicts between state and federal law, and potentially hamper cooperation in regulating extractive industries. Proponents assert that the bill is necessary to protect local interests and uphold constitutional rights, whereas critics warn that it could jeopardize environmental protections and economic stability linked to federal oversight.

Contention

Notably, the bill references and aligns itself with rulings from the U.S. Supreme Court, particularly the cases of New York v. United States and Printz v. United States, which support the anti-commandeering doctrine. Controversially, the implications of SB358 may present challenges in managing natural resources sustainably, culminating in a strong debate over the balance of power between state authority and federal mandates. Opponents argue that this bill risks undermining essential regulatory mechanisms that protect public interests.

Companion Bills

No companion bills found.

Previously Filed As

WV SB183

Creating Natural Resources Anti-Commandeering Act

WV SB570

Relating to Natural Resources Police Officer Retirement

WV HB2006

Relating to reorganizing the Department of Health and Human Resources

WV SB60

Relating to tax on income of nonresidents from natural resources royalty payments

WV HB3334

Valuation of industrial property and natural resources property by Tax Commissioner

WV HB2623

Relating to withholding tax on income of nonresidents from natural resources royalty payments

WV HB3494

Relating to withholding tax on income of nonresidents from natural resources royalty payments

WV SB449

Updating terms for Natural Resources Police Officers Retirement System and retirement systems for charter schools

WV HB2574

Relating to warrantless entry of private lands

WV HB2285

Requiring that open hunting season for big game begin on a Saturday

Similar Bills

CA AB516

Sex offenses: disabled victims.

CA AB2123

District-based elections.

CA AB453

District-based elections.

MI HB4122

Health occupations: health professionals; permanent revocation of license or registration if convicted of sexual conduct under pretext of medical treatment; provide for. Amends sec. 16226 of 1978 PA 368 (MCL 333.16226). TIE BAR WITH: HB 4121'23

CA AB3171

Controlled substances: fentanyl.

CA AB892

Sex offenders: registration: solicitation of a minor.

MN SF1826

Payment rates establishment for certain substance use disorder treatment services

MN HF1994

Payment rates established for certain substance use disorder treatment services, and vendor eligibility recodified for payments from the behavioral health fund.