Hey Snuff...Guess I am just wierd but I like the looks of the older ones better, plus I feel as if the older ones with 3 mounts vs 2 would be a lot sturdier if they were ever to be actually used.
From what I have heard, most people do like the looks of the new ones better...
Having owned both the older as well a the 09 steps, I can attest to the fact that the 09 even with only 2 mounting points are just as sturdy. I use mine frequently.
However, I will not try to dissuade you from getting the 08 sidesteps for your 09. If you like the looks, by all means, definitely try to get it. This is your Element and it should reflect you.
Your next step is to take a look under your E. Just as Vfxraven said, you'll need to see if the mid-mounting points are still there. Since most of the 09 E frame has remained the same, there is a strong possibility they are still there. I wish I had a definitive answer for you, but I have no access to an 09 E.
Below is a link to the installation instructions for the 08 steps from H and A Accessories' website. It shows where to look for the mid-mounting points on page 2.
http://www.handa-accessories.com/element/08steps.pdf
If the mounting points are there, my best guess is they would fit.