WV SB991

Codifies the common law cause of action of public nuisance into West Virginia statute, replacing the previous standard that allowed municipalities to abate "anything which in the opinion of a majority of the governing body is a public nuisance"

Defines "public nuisance" narrowly as conditions arising from real property use that unlawfully interfere with public rights, or conditions that unlawfully obstruct free passage of public land, air, or water

Excludes from public nuisance claims: lawful actions, government-authorized activities, design/manufacturing/distributing/selling of products, spiritual or emotional harms, and aggregation of individual injuries

Limits government entity remedies to criminal prosecution, injunctive relief, and quantifiable abatement resources proven by clear and convincing evidence—explicitly prohibiting recovery of damages or future abatement costs

Restricts private citizen standing to those who prove "special injury" different in kind from general public harm by clear and convincing evidence, limits recovery to compensatory damages only, and prohibits class actions for public nuisance claims