Recent Developments

• Date: 01 February 2009

39 ELR 10164 ENVIRO NMENTAL LAW REPORT ER 1-2009

RECENT DEVELOPMENTS

In the Congress

ese entries cover activities reported in the Congressional Record from December 1, 2008, through December 31, 2008. Entries

are arranged by bill number, with Senate bills listed rst. “In the Congress” covers all environment-related bills that are intro-

duced, reported out of committee, passed by either house, or signed by the President. “In the Congress” also covers all envi-

ronmental treaties ratied by t he Senate. is material is updated monthly. For a rchived materials, visit http://www.elr.info/

NewsAnalysis/archive.cfm.

COMMIT TEE ACTION

H.R. 7324 (appropriations) was reported

by the Committee on Appropriations.

H. Rep. No. 110-921, 154 Cong. Rec.

H10975 (daily ed. Dec. 10, 2008). e bill

would make appropriations for energy and

water development and related agencies for

the scal year ending September 30, 2009.

BILLS I NTRODUCED

S. 3723 (Cantwell, D-Wash.) (energy)

would establish a framework for coordi-

nation and cooperation on energy and

environmental issues among the United

States, the People’s Republic of China,

and India. 154 Cong. Rec. S10812 (daily

ed. Dec. 8, 2008). e bill was referred to

the Committee on Foreign Relations

S. 3724 (Reid, D-Nev.) (land use) would

direct the Secreta ry of the Interior to take

land into trust for the Te-moak Tribe of

Western Shoshone Indians of Nevada.

154 Cong. Rec. S10812 (daily ed. Dec. 8,

2008). e bill was referred to the Com-

mittee on Energy and Natura l Resources.

S. 3725 (Stabenow, D-Mich.) (green

jobs) would promote economic recovery

through green jobs and infrastructure.

154 Cong. Rec. S10881 (daily ed. Dec. 10,

2008). e bill was referred to the Com-

mittee on Energy and Natural Resources.

S. 3729 (Dorgan, D-N.D.) (CAA) would

amend the CA A to prohibit the imposi-

tion of a fee or tax for direct ga seous

emissions by livestock. 154 Cong. Rec.

S10881 (daily ed. Dec. 10, 2008). e bill

was referred to the Committee on Envi-

ronment and Public Works.

S. 3733 (Specter, R-Pa.) (FERC) would

require FERC to hold at least one public

hearing before issuing a permit aecting

public or private land use in a locality. 154

Cong. Rec. S10946 (daily ed. Dec. 11,

2008). e bill was referred to the Com-

mittee on Energy and Natural Resources.

S. 3734 (Ensign, R-Nev.) (water) would

ratify a water settlement agreement aect-

ing the Pyram id Lake Paiute Tribe. 154

Cong. Rec. S10946 (daily ed. Dec. 11,

2008). e bill was referred to the Com-

mittee on Indian A airs.

S. 3741 (une, R-S.D.) (CAA; agr icul-

ture) would amend the CA A to prohibit

regulation of certa in emissions from

agricultura l production. 154 Cong. Rec.

S10946 (daily ed. Dec. 11, 2008). e bill

was referred to the Committee on Envi-

ronment and Public Works.

In the Courts

ese entries summarize recent cases under the following categories: Air, Hazardous & Solid Waste, Insurance, Land Use,

Natural Resources, Water, and Miscella neous. e entries are arra nged alphabetically by case name within each category. is

material is updated monthly. For archived materials, visit http://www.elr.info/NewsAnalysis/archive.cfm.

AIR

Lincoln Dod ge, Inc. v. Sullivan, No.

06-70T, 38 ELR 20288 (D.R.I. Nov. 24,

2008). Automobile manufac turers and

trade asso ciations may not go for ward

with their lawsuit seekin g to preempt

Rhode Isla nd’s adoption of the Ca lifor-

nia greenhous e gas emission s standard

for new motor vehicles.

North Carol ina v. Environmental P ro-

tection Age ncy, No. 05-1244, 38 ELR

20306 (D.C. Cir. Dec. 23, 20 08). e

D.C. Circuit reversed its earlier decision

to vacate and remand the Clea n Air In-

terstate Rule and instead rem anded the

rule without vac atur.

Sierra Cl ub v. Environmental Pr otec-

tion Agenc y, No. 02-1135, 38 ELR 20303

(D.C. Cir. Dec. 19, 2008). EPA rules

exempting major sources of air pollution

from normal a ir emissions sta ndards dur-

ing periods of s tartups, shutdowns, and

malfu nctions and imposi ng alternative,

less onerous requirements in their plac e

were vacated.