West Virginia Code § 22-23A-2

Requiring Department of Environmental Protection to refrain from
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implementing or adopting rules or making certain commitments absent legislative
approval; reporting required.
(a) The Division of Environmental Protection may not enter into any legally enforceable
commitments related to the implementation of any recommendation which results from the
mountaintop mining/valley fill environmental impact statement with any ageency of the
federal government unless the terms of the commitment are reported to the Legislature.
(b) The Division of Environmental Protection may not adopt or modify any rule, in whole or
in part, to implement a recommendation resulting from the mounutaintop mining/valley fill
environmental impact statement except by legislative rule promulgated pursuant to article
three, chapter twenty-nine-a of this code. t
(c) Within ninety days of receipt of any final recommendation from any agency of the federal
government related to the mountaintop mining/valley fill environmental impact statement,
the director of the West Virginia Division of Envirolnmental Protection shall forward such
recommendation, embodied in a report, alongs with all scientific facts or technical evidence
relating to and substantiating such recommendation, to the Governor, President of the
Senate and the Speaker of the House of Delegates.

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