CHARLESTON, W.Va. (March 12, 2025) – Yesterday, a West Virginia Senate committee passed a bill that would strike a blow to federal overreach by halting state and local enforcement of a number of EPA rules and regulations.
Sponsored by Sen. Patrick Martin and three cosponsors, Senate Bill 271 (SB271) would prohibit state agencies, political subdivisions of the state, and their employees acting in an official capacity from “knowingly and willingly” participating in the enforcement of “any federal act, law, order, rule, or regulation relating to coal, oil, gas, timber, or other extractive resources, or downstream industries related to such extractive resources, if the act, law, order, rule, or regulation does not exist under the laws of this state.”
It would also ban the utilization of any assets, state funds, or funds allocated by the state to local entities for enforcement of the same.
The proposed law includes provisions to shield state and local employees who refuse to cooperate with federal enforcement from legal consequences.
On March 11, the Senate Energy, Industry, and Mining Committee approved SB271.
EFFECTIVE
The federal government relies heavily on state cooperation to implement and enforce almost all of its laws, regulations, and acts – including EPA rules and regulations. By simply withdrawing this necessary cooperation, states and localities can nullify many federal actions in effect. As noted by the National Governors’ Association during the partial government shutdown of 2013, “states are partners with the federal government on most federal programs.”
Based on James Madison’s advice for states and individuals in Federalist #46, a “refusal to cooperate with officers of the Union” represents an extremely effective method to bring down EPA rules and regulations because most enforcement actions rely on help, support, and leadership from state and local governments.
Fox News senior judicial analyst Judge Andrew Napolitano agreed. In a televised discussion relating to federal gun control, he noted that a single state taking similar steps would make federal gun laws “nearly impossible” to enforce.
LEGAL BASIS
The provisions prohibiting the state from enforcing EPA rules and regulations rest on a well-established legal principle known as the anti-commandeering doctrine. Simply put, the federal government cannot force states to help implement or enforce any federal act or program – whether constitutional or not. The anti-commandeering doctrine is based primarily on five Supreme Court cases dating back to 1842. Printz v. U.S. serves as the cornerstone.
“We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the States’ officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policy making is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”
No determination of constitutionality is necessary to invoke the anti-commandeering doctrine. State and local governments can refuse to enforce federal laws or implement federal programs whether they are constitutional or not. A state could refuse to provide personnel or resources to the federal government just because it is Tuesday and it’s snowing.
WHAT’S NEXT
SB271 will move to the Senate Judiciary Committee where it must get a hearing and pass by a majority vote before moving forward in the legislative process.
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