I've never liked Pressure Treated--If I worked with it too much I would get an eye twitch--a bit disconcerting, but I tended to shy from using it. I like the new version even less.
I've had mixed emotions about Home Depot--but I think this is a stupid frivilous law suit and quite unfair. Home Depot didn't develope the processes, they didn't take it to market. When Home Depot was founded it was an accepted product and quite mainstream. The only reason they are being sued is due to their success-- They shouldn't be sued unless all the other companies that have sold it in the past are included--and the manufacturers and chemists that dreamed it up and made the products.
I wouldn't sell my shares yet... could be years before this is settled.
One suit in Austin, one in Florida and another in Louisiana. The gist is that pressure treated materials (CCA) was known to be dangerous to humans and home depot breached the warranty by selling it as a safe product for decks and fences...
Read about it here... Home Depot Class Action--PT
If it kills bugs... it's bad for humans. I don't like pesticides for that reason either. My theory is they can help you get MS and a whole host of other nervous system disorders. Wear gloves... respirators if you can, or just stay away from it.
Using a joist flashing will prevent the chemicals from leaching into the soil, but you can't slow it down if you use it for decking.
Wouldn't it be ironic if that were the reason for cancer rates being higher near suburbia--that these carcinogens are in our drinking water?