PERMAPOST PRODUCTS, INC. et al v. MCHUGH et al
| CREOSOTE COUNCIL, SOUTHERN PRESSURE TREATERS' ASSOCIATION, RAILWAY TIE ASSOCIATION, WESTERN WOOD STRUCTURES, INC., WESTERN WOOD PRESERVERS INSTITUTE, CONRAD FOREST PRODUCTS, INC., J. H. BAXTER & CO., TREATED WOOD COUNCIL and PERMAPOST PRODUCTS, INC. |
| JOHN M. MCHUGH, U.S. ARMY CORPS OF ENGINEERS, NATIONAL MARINE FISHERIES SERVICE and PENNY SUE PRITZKER |
| 1:2013cv01736 |
| November 4, 2013 |
| US District Court for the District of Columbia |
| Washington, DC Office |
| 11001 |
| Colleen Kollar-Kotelly |
| Environmental Matters |
| 05 U.S.C. ยง 0706 |
| None |
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Filing
29
MEMORANDUM OPINION AND ORDER granting 22 plaintiff's Motion for Leave to File a Surreply, and granting in part 18 defendants' Motion to Dismiss. It is hereby ORDERED that plaintiff's claims under the Adminstrative Procedure and Cle an Water Acts (Claims 1-4, 7-8) and under the Regulatory Flexibility Act (Claims 6 and 11) are DISMISSED WITH PREJUDICE for failure to state a claim; it is further ORDERED that the parties are to file by July 28, 2014, a joint proposed scheduling order for the filing of an administrative record and the parties' summary judgment briefing as to the remaining Engandgered Species Act claims (Claims 5, 9-10). Signed by Judge Ellen S. Huvelle on July 7, 2014. (lcesh1)
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