Challenge

Denied to Treated Wood Ban in Alaska and Oregon

A federal judge has ruled that the Western Wood Preservers Institute and its fellow trade associations lacked standing to sue the U.S. Army Corps of Engineers (COE) for reportedly failing to notify the public when it banned wood treated with creosote, pentachlorophenol and other "leach- able chemicals" in the waters of Alaska and Oregon.

WWPI, along with the Treated Wood Council, Creosote Council, Railway Tie Association, and Southern Pressure Treaters Association, had also accused the Corps of acting arbitrarily and capriciously in approving nationwide permits by districts in Alaska and Portland, Or., in violation of the Administrative Procedures Act, COE regulations, Endangered Species Act, National Environmental Policy Act, and Regulatory Flexibility Act.

The treated wood industry, however, insists the case is not settled. "Though on the surface the dismissal of the lawsuit may look final, in reality it is still an open case," said WWPI's Ted LaDoux. "The industry will be amending its lawsuit to satisfy the judge's reasons for dismissal on the claims dismissed without prejudice and submitting a motion for reconsideration. So we have another shot at making our lawsuit move forward."

Co. (Hilo, Hi.) www.hpmhawaii.com www.j aspenwood -p rod u cts.co m www. s upe rio Moodtre ati n

Natron-Jasper Wood Products (Jasper, Or.)

Superior Wood Treating (Sumner, Wa.)

McFarland Gascade (Tacoma, Wa.; Eugene, Or.;Electric Mills, Ms.; Galloway, B.C.l www. Idm. com

Pacific Wood Preserving Cos. (Bakersfield, Ca.; Sheridan, Or.; Silver Springs, Nv.; Eloy, Az.) www.pacificwood.com www. th u nd e rboltwoodtre atina. co m

PSR Co. (Kirkland, Wa.)

Royal Pacific Industrles (McMinnville, Or.)

Thunderbolt Wood Treating (Riverbank, Ca.)

Utah Wood Preserving (Salt Lake City, Ut.) www.fps-ut.com www. we sternwoodp re se ruing. co m

Western Wood Preserving Co. (Sumner, Wa.)

In the interim, the current COE Regional Condition bans the use of all treated wood for above and in-water applications only in the fresh and salt waters under jurisdiction of the COE Portland District and certain treated piling products (creosote and penta) in fresh-water applications under jurisdiction of the Alaska District.

"There is no broad state ban on use or sale of treated piling in either state," LaDoux said. "However, Oregon's permit conditions have become so restrictive, along with the fact most ports or marinas to get approval to use treated wood piling are forced to go through a lengthy and costly consultation process with NOAA-Fisheries. As a result, it is just easier for them to use an alternative material that is perceived to be less controversial."

Alaska still widely uses treated wood pilings in salt water.

New Tax Credit Should Stoke Demand for RailTies

A new tax credit for short line railroads that upgrade their tracks should boost demand for treated hardwood and softwood ties by anywhere from 500000 to an additional 1.2 million ties.

The Railway Tie Association now forecasts total new wood tie demand in 2013 to range between 23.3 million and24 million.

The 45G Infrastructure Tax Credit was authorized retroactively for 2012 and extended for 2013, providing short lines with a credit of 500 for every dollar invested in track rehabilitation, up to $3,500 times the railroad's total track miles.

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