TOBACCO CONTROL LAWS

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

Several tobacco manufacturers sued the U.S. Environmental Protection Agency (EPA), challenging a report declaring that tobacco was a known human carcinogen. The district court ruled in favor of tobacco companies and the EPA appealed, arguing that the district court incorrectly held that the report was a final, reviewable agency decision. The Court agreed, dismissing the case.

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Flue-Cured Tobacco Cooperative Stabilization Corp., et al. v. Environmental Protection Agency, et al., 313 F.3d 852, United States Court of Appeals for the Fourth Circuit (2002).

  • United States
  • Dec 11, 2002
  • U.S. Court of Appeals for the Fourth Circuit
View Case History

Parties

Plaintiff

  • Brown & Williamson Tobacco Co.
  • Council for Burley Tobacco, Inc.
  • Flue-Cured Tobacco Cooperative Stabilization Co.
  • Gallins Vending Co.
  • Philip Morris, Inc.
  • R.J. Reynolds Tobacco Co.
  • Universal Leaf Tobacco Co., Inc.

Defendant

  • Carol M. Browner
  • The United States Environmental Protection Agency

Legislation Cited

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Protection of Environment
Measures involving the environment and health of persons in respect to cultivation and manufacture within their territories. (See FCTC Art. 18)

Substantive Issues

Environmental Law Violation
An infringement of a protection contained within a statutory environmental law, including public or private nuisance.
Excessive Delegation of Authority to the Executive
The legislative branch, through its tobacco control legislation, may have granted too much authority to the executive branch to implement measures administratively.

Type of Tobacco Product

None

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