Flue-Cured Tobacco Cooperative Stabilization Corp. v. U.S. Environmental Protection Agency

A group of tobacco companies, growers, marketers, and dealers challenged the issuance of a report by the U.S. Environmental Protection Agency (EPA) classifying environmental tobacco smoke as a known human carcinogen. The court ruled that the lawsuit against the EPA could continue because the EPA report constituted a final agency action, which was reviewable by the court. The court said that a ruling on the claim by tobacco companies that the EPA had violated their right to due process should be deferred until later in the case when more facts have been presented.


Flue-Cured Tobacco Co-op. Stabilization Corp. v. U.S. E.P.A., 857 F. Supp. 1137 (M.D.N.C. 1994).

  • United States
  • Jul 20, 1994
  • U.S. District Court, Middle District of North Carolina



  • Flue-Cured Tobacco Cooperative Stabilization Corporation
  • Gallins Vending Company
  • Philip Morris Incorporated
  • R.J. Reynolds Tobacco Company
  • The Council for Burley Tobacco, Inc.
  • Universal Leaf Tobacco Company, Inc.


  • Carol Browner, Administrator, Environmental Protection Agency
  • United States Environmental Protection Agency

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product