GeoLawWatch Open Legislation 11
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WVBillHB2758Sine die

Prohibiting geo-engineering

  1. Introduced
  2. Passed one chamber
  3. Passed both chambers
  4. Passed

West Virginia's geoengineering bill is notable for what it lacks—no penalties, no enforcement mechanism, no exemptions—creating a prohibition statement without legal teeth, while its legislative findings explicitly acknowledge federal geoengineering activities that state law may be unable to reach.

Our summary

HB 2758 would add a new section to West Virginia's Air Pollution Control article prohibiting geoengineering activities within the state.

The bill includes legislative findings acknowledging that the federal government, entities acting on the federal government's behalf, or non-government entities may conduct geoengineering experiments by intentionally dispersing chemicals into the atmosphere, and that such activities may occur within West Virginia. The legislature finds that risks to human health and environmental welfare from broad-scale geoengineering are not well understood.

The findings also note that the West Virginia Department of Environmental Protection is responsible for monitoring air, soil, and water quality and regulating emissions to ensure public safety while not impeding agriculture or commerce. The stated legislative intent is to protect public health and welfare while allowing all authorised activities permitted under state law.

The operative prohibition bans the intentional injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus within the borders of West Virginia into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of sunlight.

The bill contains no enforcement mechanism, no penalties for violations, no designated enforcement agency, and no exemptions for research or emergency activities. It is a bare prohibition without an implementation framework.

The bill would take effect within 30 days of passage rather than at a standard effective date.

Official description

The purpose of this bill is to prohibit the injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight

Legislative history

  1. To House Energy and Public Works
  2. Introduced in House
  3. To Energy and Public Works then Judiciary
  4. Filed for introduction

Additional documents

Bill text 
WEST VIRGINIA LEGISLATURE
2025 REGULAR SESSION
Introduced
House Bill 2758
By Delegates Ridenour, Martin, Ward, Butler, Mallow, Roop, Jennings, Phillips, Maynor, Kump, and Kimble
Introduced February 21, 2025; referred to the Committee on Energy and Public Works then the Judiciary

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated Section 22-5-21, relating to prohibiting the injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight.
Be it enacted by the Legislature of West Virginia:

ARTICLE 5. AIR POLLUTION CONTROL.
Section 22-5-21. Prohibiting dispersion of chemicals or apparatus into the atmosphere to intentionally affect temperature, weather, or the intensity of sunlight.

(a) The Legislature finds that:
(1) It is documented that the federal government or other entities acting on the federal government's behalf or at the federal government's request, or non-government entities may conduct geoengineering experiments by intentionally dispersing chemicals into the atmosphere, and those activities may occur within the state of West Virginia;
(2) The risk to human health and environmental welfare from broad scale geoengineering is currently not well understood;
(3) The West Virginia Department of Environment Protection is responsible for monitoring air, soil, and water quality, and regulating industrial and agricultural emissions into the air, soil, and water within the state to ensure the safety of the public, while not impeding agriculture or commerce within the state; and
(4) It is the intent of the Legislature to protect the public health and welfare of West Virginians while allowing all authorized activities permitted under state law.

(b) The intentional injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight is prohibited.

(c) This act takes effect within 30 days of passage.

NOTE: The purpose of this bill is to prohibit the injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight.