Trade Groups' Challenge To Treated Wood Ban Gets Rejected

Law360, New York (February 27, 2013, 2:29 PM EST) -- A Washington federal judge said Wednesday that the Treated Wood Council and other trade groups lacked standing to sue the U.S. Army Corps of Engineers for allegedly failing to notify the public when it prohibited treated wood in the waters of Alaska and Oregon.

The groups, including the Creosote Council, Western Wood Preservers Institute, Railway Tie Association and Southern Pressure Treaters' Association, had also alleged the Corps acted arbitrarily and capriciously when it approved two conditional permits for the states by not following the proper process.

But U.S. District Judge Ellen Segal Huvelle on Wednesday shredded the groups' arguments defending their...

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