No. 6:93CV00370.

4 F.Supp.2d 435 (1998)

FLUE-CURED TOBACCO COOPERATIVE STABILIZATION CORPORATION, The Council for Burley Tobacco, Inc., Universal Leaf Tobacco Company, Incorporated, Philip Morris Incorporated, R.J. Reynolds Tobacco Company, and Gallins Vending Company, Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and Carol Browner, Administrator, Environmental Protection Agency, Defendants.

United States District Court, M.D. North Carolina, Winston-Salem Division.

July 17, 1998.

Attorney(s) appearing for the Case

James D. Blount, Jr., James K. Dorsett, Jr., Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, Raleigh, NC, Lawrence Pierce Egerton, Egerton & Brenner, Greensboro, NC, Keith W. Vaughan, Dewey W. Wells, Jeffrey Lee Furr, Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, W. Thomas White, Allman, Spry, Leggett & Crumpler, PA, for Plaintiffs.

Benjamin H. White, Jr., John W. Stone, Jr., Office of U.S. Atty., Greensboro, NC, Myles E. Flint, U.S. Dept. of Justice Environment & Natural Resources Div., Washington, DC, Laura H. Neuwirth, U.S. Environmental Protection Agency, Office of General Counsel, Washington, DC, Gerald H. Yamada, U.S. Dept. of Environmental Protection Agency, Acting General Counsel, Washington, DC, Gregory B. Foote, U.S. Environmental Protection Agency, Asst. General Counsel, Washington, DC, Alice L. Mattice, U.S. Dept. of Justice, Environment & Nat. Resources Div., Washington, DC, for Defendants.

George M. Cleland, Winston-Salem, NC, Cornish F. Hitchcock, Alan B. Morrison, Public Citizen Litigation Group, Washington, DC, Matthew L. Myers, National Center for Tobacco-Free Kids, Washington, DC, Diana Evans Ricketts, Bode, Call & Stroupe, Raleigh, NC, Daniel J. Popeo, Richard A. Samp, Washington Legal Foundation, Washington, DC, for Movants.


OSTEEN, District Judge.

This case is before the court on the parties' cross motions for partial summary judgment on Counts I-III of the Complaint. These counts raise Administrative Procedure Act (APA) challenges to EPA's report, Respiratory Health Effects of Passive Smoking Lung Cancer and Other Disorders, EPA/600/6-90/006F, December 1992 (ETS Risk Assessment). EPA claims its authority to conduct the ETS Risk Assessment derives...

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