Recent Developments

• Date: 01 January 2009

A R T I C L E S

39 ELR 10086 ENVIRONMENTAL LAW REPORT ER 1-2009

PUBLIC LAWS

• S.J. Res. 45, which expresses the

consent and approval of Congress to an

interstate compact regarding water re-

sources in the Great Lakes-St. Lawrence

River Basin, was signed into law by

President Bush on October 3, 2008. Pub.

L. No. 110-342, 154 Cong. Rec. D1271

(daily ed. Nov. 17, 2008).

BILLS I NTRODUCED

• S. 3696 (Stevens, R-Alaska) (tim-

ber) would establish a grant program to

encourage retooling of entities in the tim-

ber industry in Alaska. 154 Cong. Rec.

S10659 (daily ed. Nov. 19, 2008). The bill

was referred to the Committee on Envi-

ronment and Public Works.

• H.R. 7282 (Heller, R-Nev.) (de-

velopment) would promote conservation

and provide for sensible development in

Carson City, Nevada. 154 Cong. Rec.

H10844 (daily ed. Nov. 19, 2008). The

bill was referred to the Committee on

Natural Resources and the Committee on

Armed Services.

• H.R. 7284 (Lewis, D -Ga.) (CAA)

would amend the CAA to reduce green-

house gas emissions from transportation

fuel sold in the United States. 154 Cong.

Rec. H10844 (daily ed. Nov. 19, 2008).

The bill was referred to the Committee on

Energy and Commerce.

• H.R. 7290 (Michaud, D-Me.)

(renewable energy) would amend the

Internal Revenue Code of 1986 to expand

the credit for renewable electricity pro-

duction to include electricity produced

from biomass for on-site use. 154 Cong.

Rec. H10844 (daily ed. Nov. 19, 2008).

The bill was referred to the Committee on

Ways and Means.

In the Congress

These entries cover activities reported in the Congressional Record from November 1, 2008, through November 30, 2008.

Entries are ar ranged by bill number, with Senate bills listed f‌irst. “In the 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 ratif‌ied by the Senate. This material is updated monthly. For archived materials, visit http://www.elr.info/

NewsAnalysis/archive.cfm.

RECENT DEVELOPMENTS

AIR

• Association of Irr itated Resi-

dents v. San Joaquin Valley Uni f‌ied

Air Pollution Control Di strict, No.

F053956, 38 EL R 20281 (Cal. App. 5th

Dist. Nov. 19, 2008). A local air pollu-

tion district must assess the public health

impacts of a rule requiring large conf‌ined

animal facilities to choose from a vari-

ety of mitigation measures with the goal

of reducing volatile organic compound

emissions.

• Romoland School Distr ict v. In-

land Empire E nergy Center, Ltd.

Liabil ity Co., No. 06-56632 , 38 ELR

20280 (9th Cir. Nov. 18, 2008). A school

district’s CAA claim seeking to halt the

construction of an 810-megawatt power

plant approximately 1,100 feet from an el-

ementary school was properly dismissed.

• Sierra Club v. Frankl in County

Power of Illinois, Ltd. L iabilit y Co.,

No. 06-404 5, 38 ELR 20271 (7th Cir.

Oct. 27, 2008). A lower court order en-

joining a power company from building a

coal-f‌ired power plant without f‌irst obtain-

ing a new PSD permit from the state of

Illinois was upheld.

In the Courts

These entries summarize recent cases under the following categories: Air, Hazardous & Solid Wastes/Substances, Land Use,

Natural Resources, Toxic Torts, and Water. The entries are arranged alphabetically by case name within each category. This

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