LANGUAGE

Flue Cured Tobacco Cooperative Stabilization Cooperation v. U.S. E.P.A.

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.