Morrisey declares state of emergency, allows drivers to use dyed diesel on roads

A motorist fills their vehicle’s tank at an Exxon gas station on May 20, 2025, in Ona.

A motorist fills their vehicle’s tank at an Exxon gas station on May 20, 2025, in Ona.

Gov. Patrick Morrisey announced on Tuesday that West Virginians will be able to use dyed off-road diesel in their trucks, part of an effort to address what he called a “state of emergency” related to high gas prices.

The executive order, which will stay in effect for at least the next 60 days, temporarily suspends penalties for drivers who use dyed diesel in their vehicles and directs state agencies to stop inspections for it.

“By making this move today and allowing businesses and drivers to use this fuel on our highways without facing penalties, that gives people another way to lower their costs,” he said. “And when the costs of moving goods comes down, these savings can reach consumers at a high level.”

The average price for a gallon of diesel in West Virginia was $6.34 on Tuesday, according to AAA. That’s up from $3.57 a gallon a year ago, a 78% increase.

High diesel prices lead to higher prices for goods consumers buy at the store by pushing up the costs to transport them. Although this announcement will mainly affect trucking and transportation companies, Morrisey said he hopes that by bringing down fuel prices, those savings will filter down to average West Virginians on the ground.

“Whether it’s a truck hauling coal, transporting timber or moving farm equipment, lower transportation costs can mean savings throughout the supply chain,” he said.

Drivers who switch to the dyed diesel could save 20.5 cents for every gallon they buy, according to Morrisey and based on data from the state Tax Division.

It is unclear how much the state will lose in fuel taxes in the difference between normally taxed diesel and dyed diesel.

President Donald Trump announced a similar plan on the federal level two weeks ago, though it is up to individual states whether to follow suit with regards to their own gas tax policies.

Dyed diesel — so-called because of its red color — is diesel that is normally only used for off-road equipment, such as farm and construction machines, generators, and other industrial purposes. Unlike the diesel most drivers pump at their local gas station or truck stop, dyed diesel is typically exempt from state and federal gas taxes since it can’t be used for vehicles driving on most roadways.

The red dye allows state tax agents to tell the difference between off-road diesel and normal commercially used diesel.

The executive order does not affect other types of fuel, such as unleaded gas that most drivers put in their cars.

The announcement comes as Morrisey faces pressure to address high prices at the pump, a result of ongoing conflicts in Ukraine and the Middle East.

Last week, Democrats in the House of Delegates called on Morrisey to call a special session of the Legislature in order to suspend the gas tax as a way to address rising gas prices.

“Right now, all the surrounding states are helping their people and beating us while we just watch our neighbors spend half of their paycheck at the gas pump,” Delegate Sean Hornbuckle, R-Cabell, said during an Oct. 13 virtual news conference.

The calls for action grew louder today when Treasurer Larry Pack reiterated similarly calls for a gas holiday on Tuesday.

“Families, small business owners and contractors are already stretching every dollar to keep up with inflation,” Pack said in a statement. “When fuel costs rise, those increases affect everything from transporting goods to producing materials our communities depend on. We need practical solutions that protect jobs, support our working families and help businesses stay afloat.”

Jarrod Barry can be reached at 304-348-4810 or jbarry@hdmediallc.com.

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