Permapost Products, Inc. v. McHugh

MEMORANDUM OPINION AND ORDER

ELLEN SEGAL HUVELLE, United States District Judge

Plaintiffs Permapost Products, Inc., Treated Wood Council, J.H. Baxter & Co., Conrad Forest Products, Inc., Western Wood Preservers Institute, Western Wood Structures, Inc., Railway Tie Association, Southern Pressure Treaters’ Association, and Creosote Council (“plaintiffs”) have sued John M. McHugh in his official capacity as the Secretary of the Army, the United States Army Corps of Engineers (“Corps”), Penny S. Pritzker in her official capacity as Secretary of Commerce, and the National Marine Fisheries Service…