W. Va. Code § 22-11B-8: Environmental protection, other law.

(a) For the purposes of this article and in all other respects, any carbon dioxide injected and sequestered in accordance with an underground injection control permit issued by the secretary shall not be considered a pollutant and the operation and existence of such a carbon dioxide sequestration facility shall not be considered a public nuisance.

(b) The secretary’s and the commission’s authority as set forth in this article shall not otherwise limit the authority or jurisdiction of the secretary and the commission in any manner.