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Committee adopts substitute declaring state opposition to federal "commandeering" of natural resources

2531553 · March 10, 2025
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Summary

A committee adopted a substitute for Senate Bill 271 asserting the legislature's finding that the federal government should not commandeer state natural resources and directing the attorney general to challenge federal actions; the substitute was adopted and reported to the full Senate under double committee reference to judiciary.

The committee agreed to a committee substitute for Senate Bill 271 that declares the West Virginia Legislature's findings that the federal government should not "commandeer" state natural resources, and directs the attorney general to challenge any federal action the Legislature deems to improperly commandeer those resources.

Under the substitute, state or local officers, employees or agents who refuse to comply with federal directives related to commandeering state natural resources would not be subject to prosecution or employment sanctions, and the attorney general is authorized and directed to challenge the constitutionality of any such federal declaration.

The vice chair moved to agree to the committee substitute; the chair put the question and the substitute was adopted by voice vote. The vice chair then moved that the substitute be reported to the full Senate with a recommendation that it do pass under original double committee reference to the Committee on Judiciary; the motion carried by voice vote and the substitute will be referred to Judiciary before further Senate consideration.

Committee discussion in the transcript about this substitute was brief; the sponsor explained that the bill was modeled on prior anti‑commandeering language used in other contexts and framed it as a state assertion of authority over natural resources. No witness testimony on environmental risk or federal action specifics appears in the transcript for this substitute.

Votes at a glance: committee substitute for Senate Bill 271 — adopted by voice vote; motion to report to the full Senate with recommendation that it do pass (with double referral to Judiciary) adopted by voice vote. No roll‑call tallies were recorded in the transcript.

The substitute will move on to the full Senate and, under the committee motion, be referred first to the Judiciary Committee for further review.