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    The Cardinal Institute for West Virginia Policy Release 2026 Legislative Agenda

    The West Virginia Legislature's regular session begins on Wednesday, Jan. 14, 2026, and runs for 60 days. (Photo by Perry Bennett/West Virginia Legislative Photography)

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    The Cardinal Institute for West Virginia Policy Release 2026 Legislative Agenda

    The West Virginia Legislature's regular session begins on Wednesday, Jan. 14, 2026, and runs for 60 days. (Photo by Perry Bennett/West Virginia Legislative Photography)

    The WV legislative session starts Jan. 14. Here’s what we’ll be watching and what you should know

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Governor Morrisey, Secretary Burgum Formalize Expanded State Authority Over Coal Regulation on Federal Lands

by WV Daily News
in State News
February 19, 2026
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West Virginia State Capitol on the Kanawha River in Charleston, West Virginia, USA.

West Virginia State Capitol on the Kanawha River in Charleston, West Virginia, USA.

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WASHINGTON, D.C. (WVDN) – Governor Patrick Morrisey today joined Secretary of the Interior Doug Burgum to formalize an amendment to the State-Federal Cooperative Agreement between West Virginia and the U.S. Department of the Interior, expanding West Virginia’s authority to regulate coal mining and reclamation activities on federal lands within its borders.

“This amendment strengthens the principle of cooperative federalism that underpins SMCRA,” said Governor Morrisey. “West Virginia has long demonstrated that we can regulate responsibly while supporting the workers and communities that power our nation. By clarifying roles and reducing duplication, this agreement ensures greater efficiency, stronger accountability, and continued environmental protection. It allows decisions affecting West Virginia communities to be made closer to the ground by the people who understand our land, our workforce, and our economy.”

The amendment makes it clear that West Virginia can now regulate federal lands that contain coal leased by the U.S. Bureau of Land Management. 

“This agreement delivers on President Trump’s commitment to American Energy Dominance and cutting unnecessary red tape,” said Secretary of the Interior Doug Burgum. “By empowering West Virginia to take the lead, we’re streamlining regulations, boosting certainty for coal producers and supporting jobs and investment that strengthen our economy and energy security.” 

Under the revised agreement, the West Virginia Department of Environmental Protection (WVDEP) will assume primary responsibility for permitting, inspection, and enforcement activities for both privately owned and federally leased coal operations in the state. OSMRE will maintain federal oversight to ensure compliance with the Surface Mining Control and Reclamation Act of 1977 (SMCRA) and the terms of the cooperative agreement.

The amendment updates and clarifies the responsibilities of the State of West Virginia, the Department of the Interior, OSMRE, and other federal agencies involved in operations on federal lands. It reflects modern regulatory practices and strengthens coordination between state and federal partners while maintaining appropriate federal oversight.

 

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