Recent Developments
| Date | 01 August 2010 |
8-2010 ENVIRONMENTAL LAW AND POLICY ANNUAL REVIEW 40 ELR 10819
RECENT DEVELOPMENTS
In the Congress
“In the Congress” entries cover activities reported in the Congressional Record from June 1, 2010, through June 30, 2010.
Entries are arranged by bill number, with Senate bills listed rst. “In t he Congress” covers all environment-related bills that
are introduced, reported out of committee, passed by either house, or signed by the president. “In the Congress” also covers
all environmental treaties ratied by the Senate. is material is updated monthly. For archived materials, visit http://www.
elr.info/NewsAnalysis/archive.cfm.
PUBLIC LAWS
S. 3473 (oil spill), which amends the
Oil Pollution Act of 1990 to authorize
advances from the Oil Spill Liability
Trust Fund for the Deepwater Horizon
oil spill, was signed into law on June 15,
2010. Pub. L. No. 111-191, 156 Cong.
Rec. D666 (daily ed. June 16, 2010).
CHAMBER ACTION
S. 1660 (formaldehyde), which would
amend TSCA to reduce the emissions
of formaldehyde from composite wood
products, was passed by the Senate, 156
Cong. Rec. S4891 (daily ed. June 14,
2010), and the House, 156 Cong. Rec.
H4701-05 (daily ed. June 23, 2010).
S. 3473 (oil spill), which would amend
the Oil Pollution Act of 1990 to autho-
rize advances from the Oil Spil l Liability
Trust Fund for the Deepwater Horizon
oil spill, was passed by the Senate, 156
Cong. Rec. S4744 (daily ed. June 9,
2010), and the House, 156 Cong. Rec.
H4336, H4365 (daily ed. June 10, 2010).
H.R. 1061 (land transf er), which would
transfer certa in land to the United States
to be held in trust for the Hoh Indian
Tribe and to place land into trust for the
Hoh Indian Tribe, was passed by the
House. 156 Cong. Rec. H4222 (daily ed.
June 8, 2010).
H.R. 2008 (hydr oelectricity), which
would authorize the Secretar y of the
Interior to facilitate the development of
hydroelectric power on the Diamond
Fork System of the Central Utah Project,
was passed by the House. 156 Cong.
Rec. H4222 (daily ed. June 8, 2010).
H.R. 4349 (hydroelec tricity), which
would further alloc ate and expand the
availability of hydroelectric power gener-
ated at Hoover Dam, was passed by the
House. 156 Cong. Rec. H4219 (daily ed.
June 8, 2010).
H.R. 4451 (hydroelect ricity), which
would reinstate and transfer cer tain
hydroelectric licenses and extend the
deadline for commencement of construc-
tion of certain hydroelectric projects, was
passed by the House. 156 Cong. Rec.
H4542 (daily. ed. June 16, 2010).
H.R. 5481 (oil spill), which would give
subpoena power to the National Com-
mission on the BP Deepwater Horizon
Oil Spill and Oshore Drilling , was
passed by the House. 156 Cong. Rec.
H4721-28 (daily ed. June 23, 2010).
COMMITTEE ACTION
S. 1388 (hydroelectr icity) was reported
by the Committee on Indian A airs.
S. Rep. No. 111-204, 156 Cong. Rec.
S4849 (daily ed. June 10, 2010). e bill
would provide for equitable compensa-
tion to the Spokane Tribe of Indians of
the Spokane Reservation for the use of
tribal land for the production of hydro-
power by the Grand Coulee Dam.
S. 2724 (Lake Tahoe Ba sin) was report-
ed by the Committee on Environment
and Public Works. S. Rep. No. 111-211,
156 Cong. Rec. S5201 (daily ed. June
21, 2010). e bill would provide for
environmental restoration activities and
forest management activities in t he Lake
Tahoe Basin.
S. 2852 (renewable energy) was re-
ported by the Committee on Commerce,
Science, and Transportation. S. Rep.
No. 111-206, 156 Cong. Rec. S4884
(daily ed. June 14, 2010). e bill would
establish, within NOAA , an integrated
and comprehensive ocean, coastal, Great
Lakes, and atmospheric resea rch, predic-
tion, and environmental information
program to support renewable energy.
S. 3362 (air pollution) was reported
by the Committee on Environment and
Public Works. S. Rep. No. 111-207, 156
Cong. Rec. S5153 (daily ed. June 18,
2010). e bill would amend the CAA
to direct the Administrator of EPA to
provide competitive grants to publicly
funded schools to implement eective
technologies to reduce air pollutants, in-
cluding greenhouse gas emissions.
S. 3363 (water supply) was reported
by the Committee on Environment and
Public Works. S. Rep. No. 111-208, 156
Cong. Rec. S5153 (daily ed. June 18,
2010). e bill would amend the Water
Resources Resea rch Act of 1984 to re-
authorize grants for and require applied
water supply research regarding the water
resources research a nd technology insti-
tutes established under that Act.
S. 3372 (water pollution) was reported
by the Committee on Environment and
Public Works. S. Rep. No. 111-209, 156
Cong. Rec. S5153 (daily ed. June 18,
2010). e bill would modify the date
on which the Administrator of EPA and
applicable states may require permits for
discharges from cer tain vessels.
S. 3373 (air pollution) was reported
by the Committee on Environment and
Public Works. S. Rep. No. 111-218, 156
Cong. Rec. S5536 (daily ed. June 29,
2010). e bill would address the health
and economic development impacts of
Copyright © 2010 Environmental Law Institute®, Washington, DC. reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120.
40 ELR 10820 ENVIRONMENTAL LAW REPORTER 8-2010
nonattainment of federally mandated air
quality standa rds in San Joaquin Valley,
California, by designat ing air quality
empowerment zones.
S. 3466 (water pollution) was reported
by the Committee on the Judiciary. 156
Cong. Rec. S5438 (daily ed. June 24,
2010). e bill would require restitution
for victims of criminal v iolations of the
Federal Water Pollution Control Act.
H.R. 1554 (land use) was reported by
the Committee on Natural Resou rces.
H. Rep. No. 111-513, 156 Cong. Rec.
H4904 (daily ed. June 28, 2010). e
bill would require the Secretar y of the
Interior to transfer land in McIntosh
County, Oklahoma, to the Muscogee
Creek Tribe, and require the tribe to pay
fair market value for the la nd.
H.R. 4451 (hydroelect ricity) was re-
ported by the Energy and Commerce
Committee. H. Rep. No. 111-505, 156
Cong. Rec. H4424 (daily ed. June 14,
2010). e bill would reinstate and
transfer certa in hydroelectric licenses
and extend the deadline for commence-
ment of construction of certain hydro-
electric projects.
H.R. 4805 (formaldehyde) was re-
ported by the Committee on Energy and
Commerce. H. Rep. No. 111-509, Pt. 1,
156 Cong. Rec.H4676 (daily ed. June
22, 2010). e bill would amend TSCA
to reduce the emissions of formaldehyde
from composite wood products.
H.R. 5503 (oil spill) was reported by
the Committee on the Judiciary. H. Rep.
No. 111-521, 156 Cong. Rec. H5302
(daily ed. June 30, 2010). e bill would
repeal certai n limitations on liability in
the Oil Pollution Act of 1990.
BILLS INTRODUCED
S. 3457 (Levin, D -Mich.) (energy)
would allow for the development of
energy parks on former nuclear defense
facilities and authorize additiona l defense
funds. 156 Cong. Rec. S4621 (daily ed.
June 7, 2010). e bill was referred to the
Committee on Armed Serv ices.
S. 346 0 (Sanders, I-Vt.) (solar power)
would requi re the Secretar y of Energy
to provide f unds to st ates for rebat es,
loans , and other incent ives to eli gible
indiv iduals or entitie s for t he purchas e
and i nstallat ion of solar energy s ystems
for prop erties loc ated in the United
States. 156 Cong. Rec. S4621 (da ily
ed. Ju ne 7, 2010). e bil l was referred
to the Comm ittee on Energy a nd Nat-
ural Resource s.
S. 3461 (Vitter, R-La.) (oil spill) would
create a system to resolve claims of vic-
tims for economic injury caused by the
Deepwater Horizon incident and direct
the Secretary of the Interior to renego-
tiate the terms of the lease known a s
“Mississippi Canyon 252” with respect
to claims relating to the Deepwater Ho-
rizon explosion and oil spill that exceed
existing applicable economic liability
limitations. 156 Cong. Rec. S4621 (daily
ed. June 7, 2010). e bill was referred to
the Committee on the Judiciary.
S. 3462 (Shaheen, D-N.H.) (oil spill)
would provide subpoena power to the
National Commission on the British Pe-
troleum Oil Spill in the Gulf of Mexico.
156 Cong. Rec. S4358 (daily ed. June 8,
2010). e bill was referred to the Com-
mittee on the Judiciary.
S. 3464 (Lug ar, R- Ind.) (energy and
climate) would establish an energ y and
climate policy framework to reach mea-
surable gains in reducing dependence on
foreign oil. 156 Cong. Rec. S4744 (daily
ed. June 9, 2010). e bill was referred to
the Committee on Finance.
S. 3466 (Le ahy, D-Vt.) (water pollu-
tion) would require restitution for vic-
tims of criminal v iolations of the Federal
Water Pollution Control Act. 156 Cong.
Rec. S4744 (daily ed. June 9, 2010). e
bill was referred to the Committee on
the Judiciary.
S. 3470 (Alexande r, R-Tenn.) (land
use) would designate as wilderness
certain public land in the Cherokee
National Forest in the state of Tennes-
see.156 Cong. Rec. S4745 (daily ed. June
9, 2010). e bill was referred to the
Committee on Agriculture, Nutrition,
and Forestry.
S. 3472 (Menendez, D-N.J.) (oil spill)
would amend the Oil Pollution Act of
1990 to require oil polluters to pay the
full costs of oil spills. 156 Cong. Rec.
S4745 (daily ed. June 9, 2010). e bill
was referred to the Committee on Envi-
ronment and Public Works.
S. 3481 (Cardin, D-Md.) (water
pollution) would amend the Federal
Water Pollution Control Act to clarify
federal responsibility for stormwater
pollution. 156 Cong. Rec. S4850 (daily
ed. June 10, 2010). e bill was referred
to the Committee on Environment and
Public Works.
S. 3482 (Reid, D-Nev.) (solar power)
would provide for the development of
solar pilot project areas on public land
in Lincoln County, Nevada. 156 Cong.
Rec. S4850 (daily ed. June 10, 2010).
e bill was referred to the Committee
on Energy and Natural Resources.
S. 3487 (Udal l, D-Colo.) (energy ef-
ciency) would amend the Public Utility
Regulatory Policies Act of 1978 to add
the right to access electric energ y infor-
mation, including consumer’s individual
energy usage. 156 Cong. Rec. S4938
(daily ed. June 15, 2010). e bill was
referred to the Committee on Energy
and Natural Resource s.
S. 3489 (Vit ter, R-La.) (deepwater
drillin g) would end the moratorium
on deepwater drilling issued by the Sec-
retary of the Interior. 156 Cong. Rec.
S4938 (daily ed. June 15, 2010). e bill
was referred to the Committee on En-
ergy and Natural Resources.
S. 3 492 (Lau tenberg , D-N.J.) (of f-
shore drill ing) wou ld amend the
Outer Continent al Shelf L ands Ac t to
requi re the d rill ing of emergenc y relief
well s. 156 Cong. Rec. S4938 (dai ly ed.
June 15, 2 010). The bill w as refer red
to th e Commit tee on Energ y and
Natural R esource s.
S. 3495 (Dorgan, D-N.J.) (electric
cars) would promote the deployment of
plug-in electric drive vehicles.156 Cong.
Rec. S4938 (daily ed. June 15, 2010). e
bill was referred to the Committee on
Energy and Natural Resources.
S. 3497 (Brown, R-Mass.) (oil spill)
would amend the Outer Continental
Shelf Lands Act to require lease s entered
into under that Act to include a plan
that describes the means a nd time line
for containment and termination of an
ongoing discharge of oil. 156 Cong. Rec.
Copyright © 2010 Environmental Law Institute®, Washington, DC. reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120.
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